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The Local Authorities' Cemeteries Order 1977

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

  1. Introductory Text

  2. 1.Title and commencement

  3. 2.Interpretation

  4. 3.General powers of management

  5. 4.Layout, repair and access

  6. 5.Consecration, and setting apart for particular denominations

  7. 6.Provision of chapels

  8. 7.Provision of mortuaries and biers

  9. 8.Arrangements for sharing of facilities

  10. 9.Plan and record of cemetery

  11. 10.Grant of burial rights and rights to erect memorials, and agreements for maintenance of graves and memorials

  12. 11.Registration of burials and disinterments

  13. 12.Storage of records

  14. 13.Right of bishop to object to inscriptions in consecrated parts

  15. 14.Cost of removal of unauthorised memorials

  16. 15.Fees and other charges

  17. 16.Maintenance of graves, etc.: removal of memorials and levelling, etc

  18. 17.Rites of Church of England

  19. 18.Offences in cemeteries

  20. 19.Penalties

  21. 20.Commonwealth War Graves Commission

  22. 21.Isles of Scilly

  23. 22.Repeals etc

  24. 23.General saving

    1. Expand +/Collapse -

      SCHEDULE 1

      ACCESS TO CEMETERIES

      1. 1.A burial authority may construct such roads to a cemetery...

      2. 2.A burial authority shall not widen or otherwise improve any...

      3. 3.A burial authority shall be responsible as such for maintaining...

    2. Expand +/Collapse -

      SCHEDULE 2

      BURIAL RIGHTS, RIGHTS TO ERECT MEMORIALS, AND AGREEMENTS FOR MAINTENANCE OF GRAVES AND MEMORIALS

      1. Expand +/Collapse -

        PART I EXERCISE OF RIGHTS

        1. 1.No burial shall take place, no cremated human remains shall...

        2. 2.No body shall be buried in a grave in such...

        3. 3.No body shall be buried in a grave unless the...

        4. 4.When any grave is reopened for the purpose of making...

        5. 5.Every walled grave or vault shall be properly constructed of...

        6. 6.Within 24 hours of any burial in a walled grave...

        7. 7.Any person to whose order a body is buried in...

        8. 8.Where the burial authority permit uncoffined burials, any reference in...

      2. Expand +/Collapse -

        PART II PROVISION AS TO GRANTS, EXTENSION OF THE PERIODS THEREOF AND MATTERS CONCERNING RIGHTS

        1. 1.(1) A grant under article 10 shall be in writing...

        2. 2.A burial authority shall— (a) maintain a register of all...

        3. 3.Rights to which paragraph 2 applies may be assigned by...

        4. 4.A burial authority shall, subject to such investigation as they...

        5. 5.A register under paragraph 2 shall at all reasonable times...

        6. 6.A burial authority may charge such fees as they think...

      3. Expand +/Collapse -

        PART III DETERMINATION OF CERTAIN RIGHTS AND AGREEMENTS

        1. 1.(1) This paragraph applies to the following rights and agreements...

        2. 2.Where a burial authority are entitled to serve a notice...

    3. Expand +/Collapse -

      SCHEDULE 3

      REMOVAL OF MEMORIALS AND LEVELLING, ETC

      1. Restrictions on exercise of powers

        1. 1.The powers described in article 16(2) shall not be exercisable—...

        2. 2.The said powers shall not be exercisable in relation to...

      2. Notification of exercise of powers

        1. 3.Before exercising the powers described in article 16(2) the burial...

        2. 4.Before exercising the said powers in respect of any grave...

        3. 5.Before exercising the powers described in article 16(2)(c) in respect...

        4. 6.Paragraph 4 or 5 shall not apply in relation to...

        5. 7.The said notice shall— (a) contain brief particulars of the...

      3. Objections

        1. 8.The burial authority shall consider all objections made to the...

        2. 9.If notice of objection, and of the grounds thereof, to...

        3. 10.If notice of objection, and of the grounds thereof, to...

        4. 11.If notice of objection, and of the grounds thereof, to...

      4. Removal of tombstones

        1. 12.Where the burial authority propose to re-erect at another place...

      5. Identification of graves

        1. 13.Before levelling the surface of any grave or removing any...

      6. Identification marks and substitute memorials

        1. 14.In respect of any grave levelled by them in exercise...

        2. 15.Where the burial authority remove from a grave either the...

      7. Records of memorials

        1. 16.The burial authority shall make and keep—

      8. Interpretation

        1. 17.In this Schedule, “relative” means , in relation to any...

        2. 18.In this Schedule, any reference to a permission to place...

        3. 19.In paragraphs 5, 11 and 14, any reference to a...

      9. General saving

        1. 20.Nothing in article 16(2) or this Schedule shall affect any...

  25. Explanatory Note

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