SCHEDULES

SCHEDULE 11Burial Grounds: Removal of Human Remains and Monuments

Notice of removal

1

1

Before removing from the land in question any remains or any monument to the deceased, the nominated undertaker shall—

a

publish in each of two successive weeks in a newspaper circulating in the area where the land is situated, and

b

at the same time leave displayed in a conspicuous place on or near the land,

a notice complying with sub-paragraph (2) below.

2

A notice under sub-paragraph (1) above shall—

a

identify the land to which it relates,

b

set out in general terms the effect of paragraphs 2 to 5 below,

c

state where, and in what form, an application under paragraph 2(1) below may be made, and

d

state how the nominated undertaker proposes to carry out its functions under this Schedule with respect to the disposal of the remains or monument.

3

No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased where the Secretary of State notifies the nominated undertaker that he is satisfied—

a

that the remains were interred more than 100 years ago, and

b

that no relative or personal representative of the deceased is likely to object to the remains or monument being removed in accordance with this Schedule.

4

No notice shall be required under sub-paragraph (1) above before the removal of any remains or any monument to the deceased if—

a

there is in force under section 25 of the [1857 c. 81.] Burial Act 1857 (bodies not to be removed from burial grounds without licence of the Secretary of State) a licence relating to the remains, and

b

the holder of the licence is the nominated undertaker or a body corporate which is a member of the same group as the nominated undertaker.

5

In sub-paragraph (4)(b) above, “group” means a body corporate and all other bodies corporate which are its subsidiaries within the meaning of the [1985 c. 6.] Companies Act 1985.