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PART 7E+W+SMISCELLANEOUS AND GENERAL

Use of consecrated landE+W+S

48.—(1) Section 239 (use and development of burial grounds) of the 1990 Act applies—

(a)in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

(b)in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 33 (temporary use of land for constructing the authorised development) or 34 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order,

and in section 240(3) of the 1990 Act reference to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.

(2) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950(1) do not apply to the authorised development.

Commencement Information

I1Art. 48 in force at 2.9.2022, see art. 1