Law Commission consultation on burial and cremation

See paragraph 6.81 of the consultation paper.

We provisionally propose that any grave reuse powers should apply to common or public graves, and to those where exclusive rights of burial have expired, as well as those where exclusive rights of burial have been extinguished. 

Do consultees agree?

See paragraph 6.94 of the consultation paper.

We invite consultees’ views on the minimum time that must elapse between the last burial in a grave, and the burial rights in that grave being extinguished and the grave being reused. Should it be:

We invite consultees’ views as to whether there should be a requirement that a grave must not be reused if it still contains significant remains from a previous burial.

If so, we invite consultees’ views on what should count as “significant remains”.

We invite consultees’ views on whether there is a case for the Secretary of State to be able to permit certain cemeteries to reuse graves after a shorter period of time in exceptional circumstances, and where the people making burials in the graves which are to be reused consent to it.

See paragraph 6.106 of the consultation paper.

We provisionally propose that, in any extension of grave reuse and burial right extinguishment powers, notices should be posted:

1. on the burial ground operator’s website if they have one;
2. in local newspapers;
3. by the grave and entrances to the cemetery; and
4. should be sent to the last known address of the owner of the burial rights and memorial.

Do consultees agree?

We provisionally propose that one notice should suffice for both grave reuse and extinguishing burial rights.

Do consultees agree?

See paragraph 6.111 of the consultation paper.

We provisionally propose that in any extension of grave reuse powers, remains which are moved in order to reuse a grave must be either reinterred in the original grave, or in another grave in the same cemetery, below the level of the ground in a grave consisting wholly or substantially of earth. 

Do consultees agree?

See paragraph 6.113 of the consultation paper.

We provisionally propose that burial ground operators should be required to keep a register of disinterments.

Do consultees agree?

See paragraph 6.117 of the consultation paper.

We provisionally propose that burial ground operators should be required to disclose the fact that a grave has been reused or reclaimed to potential purchasers. 

Do consultees agree?

See paragraph 6.130 of the consultation paper.

We provisionally propose that burial ground operators should be able to apply to the Secretary of State for a decision enabling them to extinguish burial rights in graves and reuse graves, on a case-by-case basis.

Do consultees agree?

We invite consultees’ views on whether applications for grave reuse and reclamation powers should be made:

We provisionally propose that an application for grave reuse and reclamation powers should be accompanied by:

1. a grave reuse and reclamation plan setting out any additional mitigation proposed and identifying the graves which are intended to be affected; and
2. the results of a consultation with those living near the burial ground and those with friends or relatives buried in the burial ground.

Do consultees agree?