General Cemetery Act 2025

8 Transfer of ownership of the cemetery

(1) On the appointed day—

(a) the cemetery and all other property which immediately before that date was the property of the Company and was used or held in connection with the cemetery;

(b) all rights, liabilities, interests, privileges and functions conferred by the old Acts on the Company; and

(c) all other rights and liabilities of the Company subsisting immediately before that date which were acquired or incurred in connection with the cemetery,

are transferred to and vest in the Charitable Transferee.

(2) Whilst the cemetery is in its ownership—

(a) the Charitable Transferee must remain a charity; and

(b) the objects of the Charitable Transferee must include the primary objects.

(3) From the appointed day, any reference to the Company in any provision of the old Acts, Part 4of this Act or any other instrument is to be read as if it were a reference to the Charitable Transferee.

(4) From the appointed day, the Company is not to be liable for any act, event, failure to act or omission so far as the act, event, failure to act or omission relates to the cemetery and occurred before the appointed day.

(5) Where the transfer and vesting of the cemetery or any part of the cemetery effected by subsection (1) is a registrable disposition of land under the Land Registration Act 2002, the Charitable Transferee must apply to the Chief Land Registrar for registration in the register of title of a restriction to reflect section 12(2).

(6) Where subsection (1) transfers to the Charitable Transferee liabilities under contracts of employment, nothing in this section affects the operation of the Transfer of Undertakings (Protection of Employment) Regulations 2006.