Law Commission consultation on burial and cremation

See paragraph 2.50 of the consultation paper.

We provisionally propose that there should not be a single uniform burial law applying to private, local authority, Church of England and Church in Wales burial grounds. Instead, we provisionally propose that different aspects of regulation should be introduced for different types of burial grounds, where there is a case for doing so. 

Do consultees agree? 

See paragraph 2.65 of the consultation paper.

We provisionally propose that regulation of private burial grounds should encompass any land where the primary purpose is, or has been, burial.

Do consultees agree?

We invite consultees’ views on whether the definition of burial in the Local Authorities’ Cemeteries Order 1977 has caused any problems.

See paragraph 2.84 of the consultation paper.

We provisionally propose that:

1. it should be a criminal offence for a person making a burial outside a burial ground to knowingly fail to register it;
2. it should be a criminal offence for a person transferring an interest in that land, or creating a lease of more than 21 years on that land, to knowingly fail to transfer the burial register to the new owner or lessee; or for the lessee to knowingly fail to transfer it to the owner at the end of the lease; and
3. the maximum penalty for these offences should be a fine at level 2 on the standard scale (£500).

Do consultees agree?

See paragraph 2.102 of the consultation paper.

We provisionally propose that in a local authority cemetery, the religious services that accompany a burial in all areas reserved or consecrated to a religious faith should be restricted to those of that faith, or to no service at all. 

Do consultees agree?