Burial Act 1857

Changes over time for: Section 25

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Changes to legislation:

Burial Act 1857, Section 25 is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Section 25:

s. 25 excluded by S.I. 2020/1297 art. 16(17) (This amendment not applied to legislation.gov.uk. S.I. 2020/1297 was withdrawn following a request from the Department of Transport dated 9th August 2021 which followed the decision of the High Court of Justice to quash this Order in the judgement dated 2nd August 2021 (High Court of Justice — Planning Court — The Queen (on the application of Save Stonehenge World Heritage Site) v. Secretary of State for Transport — Case No. CO/4844/2020))
s. 25 excluded by S.I. 2021/51 art. 49(14) (This amendment not applied to legislation.gov.uk. S.I. 2021/51 removed from the website by request from the Department of Transport dated 12th July 2021 which followed the decision of the High Court of Justice to quash these Regulations in the judgement dated 8th July 2021 (High Court of Justice — Planning Court — The Queen (on the application of Mair Bain) v. Secretary of State for Transport — Case No. CO/642/2021).)
s. 25 excluded by S.I. 2024/752 art. 41(14)

[F125Offence of removal of body from burial groundU.K.

(1)It is an offence for a body or any human remains which have been interred in a place of burial to be removed unless one of the conditions listed in subsection (2) is complied with.

(2)The conditions referred to in subsection (1) are—

(a)the body or remains is or are removed in accordance with a faculty granted by the court;

(b)the body or remains is or are removed in accordance with the approval of a proposal under the Care of Cathedrals Measure 2011 (No. 1) by the Cathedrals Fabric Commission for England or a fabric advisory committee;

(c)unless the body or remains is or are interred in land which is subject to the jurisdiction of the court or its or their removal requires or require the approval of a proposal under the Care of Cathedrals Measure 2011, the body or remains is or are removed under a licence from the Secretary of State and in accordance with any conditions attached to the licence.

(3)A person who removes a body or remains in contravention of subsections (1) and (2) is liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

(4)In subsection (2)(a) and (c) “court” means

[F2(a)]the consistory court of the diocese or, in the diocese of Canterbury, the commissary court of that diocese [F3, or

(b)any other court or body referred to in section 9, 16, 19 or 21 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (Arches and Chancery Courts, Court of Ecclesiastical Causes Reserved, Commission of Review, Privy Council) and having jurisdiction to determine the matter.]]

Textual Amendments

F1S. 25 substituted (1.1.2015) by Church of England (Miscellaneous Provisions) Measure 2014 (No. 1), ss. 2, 21(2); S.I. 2014/2077, art. 2(2) (with Sch. paras. 1, 2)

F2S. 25(4)(a): words in s. 25(4) renumbered as s. 25(4)(a) (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 1(1)(a) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

F3S. 25(4)(b): words in s. 25(4) substituted to become s. 25(4)(b) (1.9.2018) by Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (No. 3), s. 99(2), Sch. 3 para. 1(1)(b) (with Sch. 4 Pt. 1); S.I. 2018/720, art. 2

Modifications etc. (not altering text)

C1S. 25 excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 20(14) (with arts. 40, 41, Sch. 12 Pt. 1 paras. 4, 9(2), 10, Pt. 2 paras. 4(2)(3), 19, Pt. 4 paras. 3, 4, 16)