Local Authorities' Cemeteries Order 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/628 |
1974 No. 628
BURIAL, ENGLAND AND WALES
The Local Authorities' Cemeteries Order 197412thMarch 1974
18thMarch 1974Laid before the House of Lords20thMarch 1974
1stApril 1974
The Secretary of State for the Environment, in relation to England, and the Secretary of State for Wales, in relation to Wales, after consultation with associations appearing to them to be representative of local authorities and with other bodies appearing to them to be concerned, in exercise of the powers conferred upon them by section 214(3) of the Local Government Act 1972(a) and of all other powers enabling them in that behalf, hereby make the following order:—
Title and commencement
1. This order may be cited as the Local Authorities' Cemeteries Order 1974 and shall come into operation on 1st April 1974 or on the day following the day on which it has been approved by a resolution of each House of Parliament, whichever is the later.
Interpretation
2.—(1) The Interpretation Act 1889(b) shall apply for the interpretation of this order as it applies for the interpretation of an Act of Parliament.
(2) In this order, unless the context otherwise requires—
"the Act" means the Local Government Act 1972;
"bishop" means, in relation to any ecclesiastical district or place not subject to the jurisdiction of a bishop, the authority known to the law of the Church of England as "the ordinary";
"burial" includes—
(a) the interment of cremated human remains;
(b) the interment of the bodies of still-born children or of the cremated remains thereof; and
(c) burial in a vault;
(a) 1972 c. 70.
(b) 1889 c. 63.
"burial authority" means the council of a district, London borough, parish or community, the Common Council of the City of London, the parish meeting of a parish having no parish council, whether separate or common or a joint board established under section 6 of the Public Health Act 1936(a) or by or under any local Act to exercise the functions conferred by section 214 of, and Schedule 26 to, the Act or by any enactment re-replaced by those provisions;
"cemetery" means a cemetery provided and maintained by a burial authority;
"consecration" means consecration according to the rites of the Church of England, and cognate expressions shall be construed accordingly;
"tombstone" includes kerbs;
"Wales" means the area consisting of the counties established by section 20 of the Act (new local government areas in Wales), and "England" does not include any area included in any of those counties; and
"the Welsh Church Act" means the Welsh Church Act 1914(b), and "the area subject to the Welsh Church Act" means the area in which the Church of England was disestablished by the Act.
(3) Any reference in this order to a chapel provided as mentioned in article 6(1)(b) includes a reference to any chapel provided under any enactment replaced by that provision.
(4) For the purposes of this order, subject to the provisions thereof, any power or right to provide anything includes a power or right to maintain it.
(5) For the purposes of this order any railings surrounding a grave, vault, tombstone or other memorial shall be treated as forming part thereof.
(6) In this order, unless the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment or by this order.
General powers of management
3.—(1) Subject to the provisions of this order, a burial authority may do all such things as they consider necessary or desirable for the proper management, regulation and control of a cemetery.
(2) Nothing in paragraph (1) shall be construed as authorising—
(a) any action in relation to any chapel provided as mentioned in article 6(1)(b) below; or
(b) any action in relation to any tombstone or other memorial other than action which is necessary to remove a danger which arises by reason of the condition of the tombstone or other memorial itself.
Layout, repair and access
4.—(1) A burial authority may enclose, lay out and embellish a cemetery in such manner as they think fit, and from time to time improve it, and shall keep
(a) 1936 c. 49.
(b) 1914 c. 91.
the cemetery in good order and repair, together with all buildings, walls and fences thereon and other buildings provided for use therewith.
Nothing in this paragraph shall be construed as requiring any action in relation to any chapel provided as mentioned in article 6(1)(b) below.
(2) Schedule 1 to this order shall have effect with respect to the provision of access to cemeteries.
Consecration, and setting apart for particular denominations
5.—(1) Subject to paragraphs (2) and (3) below, a burial authority may if they think fit—
(a) apply to the bishop of the diocese in which a cemetery is situated for the consecration of any part thereof;
(b) set apart for the use of a particular denomination or religious body any part of a cemetery which has not been consecrated.
(2) A burial authority in exercising the powers conferred by paragraph (1) above shall satisfy themselves that a sufficient part of the cemetery remains unconsecrated and not set apart for the use of denominations or religious bodies.
(3) Paragraph (1)(a) above does not apply to cemeteries within the area subject to the Welsh Church Act, and any part of such a cemetery which was consecrated before the end of March 1920, or in respect of which a ceremony of consecration has been performed since that time in accordance with the rites of the Church in Wales, shall be treated for the purposes of this order as having been set apart for the use of that Church (and as not having been consecrated).
(4) A burial authority shall mark off any consecrated part of a cemetery in such manner as they consider suitable.
(5) Notwithstanding the consecration or the setting apart for the use of a particular Christian denomination of the part of a cemetery in which any body is to be buried the burial may take place without any religious service or with such Christian and orderly religious service at the grave, conducted by such person or persons, as the person having the charge of or being responsible for the burial may think fit.
(6) A burial authority may at the request of a particular denomination or religious body prohibit the interring or scattering of cremated human remains in or over a part of the cemetery set apart for their use.
(7) Burials in the consecrated part of a cemetery shall be registered in the same way and subject to the same provisions as burials in the unconsecrated part.
Provision of chapels
6.—(1) A burial authority may provide chapels as follows—
(a) on any part of a cemetery which is not consecrated or set apart for the use of a particular denomination or religious body, they may provide any chapel which they consider necessary for the due performance of funeral services, and
(b) on any part of a cemetery which is consecrated or so set apart, they may, subject to paragraph (3) below, provide a chapel for the performance of funeral services according to the rites of the Church of England or other denomination or religious body.
(2) A chapel provided on any part of a cemetery which is neither consecrated nor set apart for the use of a particular denomination or religious body shall not itself be consecrated or reserved for such a use.
(3) A burial authority may provide a...
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