PART 5MISCELLANEOUS
Burials and consecration
I188Burials in parish burial ground
1
A person who, but for this subsection, would have no right of burial in the churchyard or other burial ground of a parish has that right if, at the date of the person's death, his or her name is entered on the church electoral roll of the parish.
2
A person who has a right of burial in the churchyard or other burial ground of a parish has a right to have his or her cremated remains buried there.
3
But subsection (2) does not give a person a right to have his or her cremated remains buried in a churchyard or burial ground in which burials have been discontinued by an Order in Council under the Burial Act 1853 or 1855 except—
a
in accordance with a faculty authorising the burial, or
b
in an area which has been set aside by a faculty for the burial of cremated remains generally.
4
A person who does not have a right of burial in the churchyard or other burial ground of a parish may not be buried there, or have his or her cremated remains buried there, without the consent of the minister of the parish.
5
In deciding whether to give consent under subsection (4), the minister must have due regard to any general guidance given by the PCC of the parish in question.
6
For the avoidance of doubt it is hereby declared that the bishop of a diocese may consecrate land in the diocese for the sole purpose of the burial of cremated remains.
7
In this section, “minister”, in relation to a parish, means—
a
the incumbent of a benefice to which the parish belongs,
b
if the benefice is vacant, the minister acting as priest in charge of the parish or the curate licensed to the charge of the parish, or
c
if there is no minister or curate of that description, the rural dean of the deanery in which the parish is situated.