Part 4

Regulation and management of the cemetery

Power to disturb human remains
18
1
Subject to section 19, the Company may disturb or authorise the disturbance of human remains interred in a grave in the cemetery for the purpose of increasing the space for interments in the grave where—
a
the Company has extinguished the right of burial in the grave under section 17;
b
the grave is a public or common grave; or
c
any right of burial granted in relation to the grave has expired.
2
A person authorised by or under subsection (1)(b) or (c) to disturb human remains may, subject to section 21, remove any memorial in or on the grave space relating to the person whose remains are proposed to be disturbed.
3
No human remains may be disturbed under this section if they have been interred for a period of less than 75 years.
4
Any human remains disturbed under subsection (1) must be reinterred either in their original grave or in another grave within the cemetery.
5
Before disturbing any human remains, or removing any memorial, under this section the Company must give notice in accordance with section 20.
6
If notice of objection to the proposed disturbance of human remains in a grave space is given to the Company before the specified date by—
a
the registered owner of an extinguished or expired right of burial in that grave space;
b
the registered owner of a memorial erected or placed in or on that grave space, whether or not the memorial is proposed to be removed; or
c
a relative of the person whose remains are proposed to be disturbed,
and that objection is not withdrawn, the Company may not, subject to subsection (7), disturb or authorise the disturbance of those remains.
7
The Company may, in accordance with subsection (1), disturb or authorise the disturbance of human remains that are otherwise protected from disturbance under subsection (6) if—
a
after the expiry of a period of 25 years from the date on which notice of objection in accordance with that subsection was last given, the Company has given further notice in accordance with section 20 in relation to the disturbance of those remains; and
b
no notice of objection in accordance with subsection (6) is given in relation to that further notice or, if such notice of objection is given, it is withdrawn.
8
A person authorised by or under subsection (1) to disturb human remains must comply with any directions given by the Secretary of State with respect to the removal and reinterment of any human remains in any case other than a case where the human remains are interred in consecrated land.
9
The provisions of section 25 of the Burial Act 1857 (offence of removal of body from burial ground) do not apply to a removal carried out in accordance with the provisions of this section.