Part I

The Channel Tunnel Rail Link

Miscellaneous and general

Burial grounds.
39
1
Nothing in any enactment relating to burial grounds and no obligation or restriction imposed under ecclesiastical law or otherwise shall have effect to prohibit, restrict or impose any condition on the use of any land comprised in a burial ground for the purpose of constructing any of the works authorised by this Part of this Act.
2
Subsection (1) above shall not apply in relation to land in which human remains are interred unless—
a
the remains have been removed and reinterred or cremated in accordance with the provisions of Schedule 11 to this Act, and
b
any monument to the deceased has been dealt with in accordance with those provisions,
and the other requirements of that Schedule, so far as relating to the nominated undertaker, have been complied with.
3
Subsection (2) above shall not apply where the use of the land for the purpose mentioned in subsection (1) above does not involve disturbing the human remains which are interred in it.
4
In this section (and Schedule 11 to this Act)—
- “enactment” includes an enactment in any local or private Act of Parliament, and an order, rule, regulation, byelaw or scheme made under an Act of Parliament; and
- “monument” includes a tombstone or other memorial;
and references to a monument to any person are to a monument commemorating that person, whether or not also commemorating any other person.
S. 39 applied (with modifications) (22.3.2001) by S.I. 2001/1451, art. 15(1), Sch. 3 para. 1(a)