Part IX

Acquisition and Appropriation of Land for Planning Purposes, etc.

Extinguishment of certain rights affecting acquired or appropriated land

Provisions supplemental to ss. 238 and 239.
240
1
Provision shall be made by any regulations made for the purposes of sections 238(3) and (4) and 239(2)—
a
for requiring the persons in whom the land is vested to publish notice of their intention to carry out the removal and reinterment of any human remains or the disposal of any monuments;
b
for enabling the personal representatives or relatives of any deceased person themselves to undertake—
i
the removal and reinterment of the remains of the deceased, and
ii
the disposal of any monument commemorating the deceased,
and for requiring the persons in whom the land is vested to defray the expenses of such removal, reinterment and disposal (not exceeding such amount as may be prescribed);
c
for requiring compliance—
i
with such reasonable conditions (if any) as may be imposed in the case of consecrated land, by the bishop of the diocese, with respect to the manner of removal and the place and manner of reinterment of any human remains and the disposal of any monuments, and
ii
with any directions given in any case by the Secretary of State with respect to the removal and reinterment of any human remains.
2
Subject to the provisions of any such regulations, no faculty is required—
a
for the removal and reinterment in accordance with the regulations of any human remains, or
b
for the removal or disposal of any monuments,
and section 25 of the Burial Act 1857 (prohibition of removal of human remains without the licence of the Secretary of State except in certain cases) does not apply to a removal carried out in accordance with the regulations.
3
In sections 238 and 239 and this section—
- “burial ground” includes any churchyard, cemetery or other ground, whether consecrated or not, which has at any time been set apart for the purposes of interment,
- “monument” includes a tombstone or other memorial, and
- “relevant acquisition or appropriation” means an acquisition made by a Minister, a local authority or statutory undertakers under this Part or Chapter V of Part I of the Planning (Listed Buildings and Conservation Areas) Act 1990 or Chapter 5 of Part 3 of the Historic Environment (Wales) Act 2023 or compulsorily under any other enactment, or an appropriation by a local authority for planning purposes.
Pt. 9 (ss. 226-246) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
1857 c. 81.
1990 c. 9.
Ss. 238-240 applied (25.7.2003 and 29.12.2003 in accordance with the commencing S.I.s) by Communications Act 2003 (c. 21), ss. 118, 411, Sch. 4 para. 3(5)(6)(a) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with transitional provisions in arts. 3-6); S.I. 2003/3142, arts. 1(2), 3(2) (with art. 11)
Ss. 238-240 applied (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 86; S.I. 2004/759, art. 2
S. 240(3) modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 57(4) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
S. 240(3) modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 37(17) (with art. 32, Sch. 9 para. 36)
Pt. 9 applied (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 9(2)
S. 240(3) modified (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 22(18) (with arts. 5, 43, 53(7), Sch. 14)
Pt. 9 applied (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 36(3) (with art. 9)
S. 240(1) modified (29.10.2020) by The Southampton to London Pipeline Development Consent Order 2020 (S.I. 2020/1099), arts. 1, 37(17) (with art. 32, Sch. 9 para. 36)
Pt. 9 applied (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 10(4)
S. 240(1) modified (15.4.2025) by The A122 (Lower Thames Crossing) Development Consent Order 2025 (S.I. 2025/462), arts. 1, 22(18) (with arts. 5, 43, 53(7), Sch. 14)
S. 240(1) modified (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), arts. 1, 21(19) (with arts. 48, 59, Sch. 14)
Pt. 9 applied (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 8(4)
S. 240(1) modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 20(15) (with art. 43)
Pt. 9 applied (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 13(4)
Pt. 9 applied (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 17(2)
Pt. 9 applied (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 9(4)
Words in s. 240(3) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 79 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
S. 240(3) modified (27.2.2025) by The Associated British Ports (Immingham Green Energy Terminal) Order 2025 (S.I. 2025/165), arts. 1, 21(19) (with arts. 48, 59, Sch. 14)
S. 240(1) modified (9.2.2024) by The A12 Chelmsford to A120 Widening Development Consent Order 2024 (S.I. 2024/60), arts. 1, 57(3) (with arts. 4, 52, Sch. 11 paras. 6, 24, 39(1), 55(1), 84)
S. 240(3) modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 20(15) (with art. 43)
S. 240(1)(3) modified (22.10.2025) by The A46 Newark Bypass Development Consent Order 2025 (S.I. 2025/1090), arts. 1, 50(17) (with arts. 4, 9, 51, Sch. 9)
S. 240 modified (10.3.2023) by The A47 Wansford to Sutton Development Consent Order 2023 (S.I. 2023/218), arts. 1, 51(17) (with arts. 4, 50)
Pt. 9 applied (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 8(2)
S. 240(1) modified (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 16(18) (with arts. 18, 35, Sch. 9)
S. 240(1)(3) modified (4.8.2023) by The A303 (Amesbury to Berwick Down) Development Consent Order 2023 (S.I. 2023/834), arts. 1, 16(18) (with arts. 6(2), 18, Sch. 11 paras. 5, 30)
S. 240 modified (25.6.2025) by The M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), arts. 1, 38(17) (with arts. 4, 43, Sch. 9)
Pt. 9 applied (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 8(2)
Pt. 9 applied (17.3.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(2), 9(2)
Pt. 9 applied (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 21(4)
S. 240(3) modified (28.3.2024) by The A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360), arts. 1, 16(18) (with arts. 18, 35, Sch. 9)