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Burial Act 1857
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Changes over time for: Section 25
Version Superseded: 13/03/2013
Alternative versions:
- 01/02/1991- Amendment
- 11/02/2005- Amendment
- 19/09/2007- Amendment
- 22/07/2008- Amendment
- 01/12/2008- Amendment
- 09/06/2009- Amendment
- 27/07/2010- Amendment
- 27/07/2010
Point in time - 13/03/2013- Amendment
- 02/10/2014- Amendment
- 28/11/2014- Amendment
- 01/01/2015- Amendment
- 11/03/2015- Amendment
- 01/04/2015- Amendment
- 14/08/2015- Amendment
- 26/08/2015- Amendment
- 19/11/2015- Amendment
- 12/01/2016- Amendment
- 25/03/2016- Amendment
- 15/09/2016- Amendment
- 27/09/2016- Amendment
- 29/03/2017- Amendment
- 14/12/2017- Amendment
- 01/09/2018- Amendment
- 12/10/2018- Amendment
- 25/10/2019- Amendment
- 04/03/2020- Amendment
- 11/06/2020- Amendment
- 18/06/2020- Amendment
- 22/07/2020- Amendment
- 01/09/2020- Amendment
- 15/10/2020- Amendment
- 29/10/2020- Amendment
- 01/01/2022- Amendment
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25 Bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State. U.K.
Except in the cases where a body is removed from one consecrated place of burial to another by faculty granted by the ordinary for that purpose, it shall not be lawful to remove any body, or the remains of any body, which may have been interred in any place of burial, without licence under the hand of one of Her Majesty’s Principal Secretaries of State, and with such precautions as such Secretary of State may prescribe as the condition of such licence; and any person who shall remove any such body or remains, contrary to this enactment, or who shall neglect to observe the precautions prescribed as the condition of the licence for removal, shall, on summary conviction before any two justices of the peace, forfeit and pay for every such offence a sum not exceeding [F1level 1 on the standard scale].
Textual Amendments
F1 “level 1 on the standard scale” substituted for “ten pounds” by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C1S. 25 excluded by New Towns Act 1965 (c. 59), s. 20(6), Town and Country Planning Act 1971 (c. 78), s. 128(6), and (1.4.1977) by Development of Rural Wales Act 1976 (c. 75), s. 5(1), Sch. 3 para. 36(6) in relation to removal in accordance with regulations made for purposes of those Acts
C2S. 25 excluded by Local Government, Planning and Land Act 1980 (c.65, SIF 123:1), s. 144, Sch. 28 para. 7(8), by Disused Burial Grounds (Amendment) Act 1981 (c.18, SIF 17), s. 2(7), by New Towns Act 1981 (c.64, SIF 123:3), s. 20(7), by Housing Act 1988 (c.50, SIF 61), s. 78, sch. 10, Pt. II para. 6(8), and by Town and Country Planning Act 1990 (c.8, SIF 123:1), s. 240(2)
C3S. 25 excluded (27.5.1993) by 1993 c. vi, s. 19(12)
S. 25 excluded (E.W.)(10.11.1993) by 1993 c. 28, ss. 169, Sch. 20 Pt. II para. 6(8)(10)(11); S.I. 1993/2762, art.3
S. 25 excluded (27.7.1993) by 1993 c. xv, s. 43(11)
S. 25 excluded (5.11.1993) by 1993 c. xvi, s. 4(11)
S. 25 modified (18.12.1996) by 1996 c. 61, s. 39, Sch. 11 para. 7(3)
S. 25 excluded (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para.3 (adding 1975 c. 70, Sch. 4 Pt. III para. 7(9)); S.I. 1998/2244, art.4
S. 25 excluded (25.11.1998 for specified purposes otherwise 3.7.2000) by 1998 c. 45, s. 23, Sch. 6 para 3(8); S.I. 1998/2952, art.2(2); S.I. 2000/1173, art. 2(2)(c)
C4S. 25 excluded (E.W.S.) (11.2.2005) by Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), arts. 1, 28(13) (with arts. 65, 66)
C5S. 25 excluded (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3), 74(11)
C6S. 25 modified (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 15 para. 7(3)
C7S. 25 excluded (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 3 para. 25; S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)
C8S. 25 excluded (E.W.S.) (9.6.2009) by Nottingham Express Transit System Order 2009 (S.I. 2009/1300), arts. 1, 28(13) (with Sch. 13 paras. 14(2), 19)
C9S. 25 excluded (27.7.2010) by Allhallows Staining Church Act 2010 (c. v), s. 5(12) (with s. 4(2))
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