The Local Authorities etc. (Miscellaneous Provision) Order 1974

Places of burial

15.—(1) In paragraphs (2) to (4) “burial ground” means a burial ground maintained under the Burial Acts 1852 to 1906.

(2) (a) In relation to a burial ground or crematorium maintained immediately before 1st April 1974 by the parish council of Birtley, Blagdon, Brafield-on-the Green, Burrington, Great Houghton, Harworth, Milton Malsor, Rothersthorpe, Shifnal or Sopley, the functions conferred by section 214 of and Schedule 26 to the Act shall be exercised by the parish councils of the parishes, or where there is no parish the council of the district, in which parts of the area of the parish are comprised.

(b)Where by virtue of sub-paragraph (a) the functions therein described become exercisable by two or more councils, then, unless a joint board is established under section 6 of the Public Health Act 1936 to exercise those functions, it shall be the duty of the said councils to make arrangements under Part VI of the Act for the discharge of those functions by a joint committee of those councils, and paragraph 4 of Schedule 26 to the Act shall apply to any such arrangements as they apply to arrangements made in pursuance of paragraph 2 of such Schedule.

(3) In relation to a burial ground or crematorium maintained immediately before 1st April 1974 by a burial board or committee which ceases to exist by virtue of section 214 of the Act and which is named in column (1) of the following table, the functions conferred by the said section 214 of, and Schedule 26 to, the Act shall be exercised by the authority specified in respect of the burial board or committee in column (2).

(4) (a) Any burial ground transferred by the Local Authorities (England) (Property etc.) Order 1973 or the Local Authorities (Wales) (Property etc.) Order 1973 to any authority shall be held by them as a cemetery within the meaning of section 214 of the Act.

(b)Any other burial ground maintained by the parish council or parish meeting of a parish in England shall be held by them as such a cemetery.

(5) Nothing in the Act, in the orders referred to in paragraph (4) or in this order shall affect any right of burial or of constructing a place of burial which any person may have acquired prior to 1st April 1974 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.