- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
2(1)In the case of remains in relation to which paragraph 1(1) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—
(a)it receives an application in writing from a relative or personal representative of the deceased, and
(b)the application is received before the end of 56 days after the day on which notice relating to the remains is first published under paragraph (a) of that provision.
(2)In the case of remains in relation to which paragraph 1(3) above applies, the nominated undertaker shall issue a licence for the removal of the remains if—
(a)it receives an application in writing from a relative or personal representative of the deceased, and
(b)the application is received before the nominated undertaker has removed the remains under paragraph 3(1) below.
(3)For the purposes of sub-paragraphs (1) and (2) above, a person shall be taken to be a relative or personal representative of the deceased if the nominated undertaker is satisfied that he is or the county court has declared that he is.
(4)A licensee under this paragraph may remove the remains to which the licence relates and reinter them elsewhere or cremate them.
(5)The reasonable costs of removal and reinterment or cremation under this paragraph shall be paid by the nominated undertaker.
(6)An application for a declaration for the purposes of sub-paragraph (3) above shall be made to the county court for the district in which the remains are interred.
(7)In this paragraph, references to a relative of the deceased are to a person who—
(a)is a husband, wife, parent, grandparent, child or grandchild of the deceased, or
(b)is, or is a child of, a brother, sister, uncle or aunt of the deceased.
3(1)In the case of remains in relation to which paragraph 1(1) or (3) above applies, the nominated undertaker may remove the remains unless—
(a)it is required under paragraph 2(1) or (2) above to issue a licence for their removal, or
(b)not more than 28 days have passed since the issue under that provision of such a licence.
(2)In the case of remains in relation to which paragraph 1(4) above applies, the nominated undertaker may remove the remains and, if it does so, shall be treated for the purposes of this Act as acting under this paragraph and not under the licence under the [1857 c. 81.] Burial Act 1857.
(3)The nominated undertaker shall reinter any remains removed under this paragraph in a burial ground or cremate them in a crematorium.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: