Disused Burial Grounds (Amendment) Act 1981

1 Exclusion of [1884 c. 72.] Disused Burial Grounds Act 1884 in certain cases.

(1) Notwithstanding section 3 of the principal Act (which prohibits the erection of buildings on disused burial grounds except in certain cases) but subject to section 2 of this Act a building may be erected on a disused burial ground or part thereof which is or has been owned by or on behalf of a church or other religious body provided that either—

(a) no interments have ever taken place in such land, or

(b) no personal representative or relative of any deceased person whose remains have been interred in such land during the period of fifty years immediately before the proposal to erect a building thereon has in accordance with subsection (2) of this section duly objected to the proposal or all such objections have been withdrawn.

(2) Notice of any proposal to erect a building on land in which human remains are interred shall be given by or on behalf of the church or other religious body by whom or on whose behalf the land is held by—

(a) advertisement in two successive weeks in one or more newspapers circulating in the area where such land is situated, and

(b) notice displayed on or near such land

specifying the time (not being less than six weeks from the date of the first publication of the newspaper advertisement) within which and the manner in which objections thereto can be made.