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.