The London Government Order 1965

Places of burial

28.—(1) Any burial ground maintained under the Burial Acts 1852 to 1906 transferred to the council of a London borough by the London Authorities (Property etc.) Order 1964 (hereinafter referred to as “the order of 1964”) shall be held by them as a cemetery under the Public Health (Interments) Act 1879

(2) Any such burial ground and any cemetery under the Public Health (Interments) Act 1879 so transferred shall be treated as if it were provided for the whole of the borough:

Provided that—

(a) any cemetery of the urban district council of Chislehurst and Sidcup transferred to the council of the London borough of Bexley or Bromley shall be treated as if it were provided for the whole of the London boroughs of Bexley and Bromley;

(b) the Bandon Hill cemetery transferred to the councils of the London boroughs of Croydon and Sutton shall be treated as if it were provided for the whole of such London boroughs.

(3) The burial ground maintained under the Burial Acts 1852 to 1906 by the Common Council shall be held by them as a cemetery under the Public Health (Interments) Act 1879.

(4) Any table of fees to be received by a burial authority (within the meaning of section 3 of the Burial Act 1900 as amended by section 3(2) of the Cremation Act 1952 in respect of services rendered by any minister of religion or sexton in any burial ground or cemetery to which paragraph (1), (2) or (3) applies in force immediately before 1st April 1965 shall remain in force notwithstanding the provisions of the Act, the order of 1964 and this article.

(5) Nothing in the Act, the order of 1964 or this article shall affect any right of burial or of constructing a place of burial which any person may have acquired prior to 1st April 1965 or prejudicially affect the amount of any fee, payment or sum in respect of interment in, or the right of erecting or placing any monument, gravestone, tablet or monumental inscription on, any grave or place of burial in respect of which any such right has been so acquired.

(6) Nothing in this article shall prejudicially affect any right, privilege, authority or duty exercisable by or attaching to any incumbent or sexton under the Burial Acts 1852 to 1906.

(7)  Articles 31 and 32 of the order of 1964 shall not apply to any burial ground or cemetery to which paragraph (1) or (2) applies.