Closes 9 Jan 2025
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See paragraph 7.62 of the consultation paper.
We provisionally propose that a burial ground, or any other specified area, should be closed to new interments by a decision of the Secretary of State, rather than by Order in Council. Do consultees agree?
See paragraph 7.73 of the consultation paper.
We provisionally propose that the Secretary of State should have the power to close a burial ground where:
Do consultees agree?
We invite consultees’ views as to whether there are other reasons why a burial ground should be closed to new interments.
We provisionally propose that the Secretary of State must post notice of the intention to close a burial ground at the entrances to the burial ground, and in the London Gazette, for two months before a burial ground can be closed.
See paragraph 7.81 of the consultation paper.
We provisionally propose that the fault element of the offence of burying a body in a closed burial ground should be knowledge that the burial ground has been closed to further burials.
We provisionally propose that the maximum sentence for the offence of burying a body in a closed burial ground is increased to level 3 on the standard scale of fines, which is currently set at £1,000.
See paragraph 7.86 of the consultation paper.
We provisionally propose that the existing exceptions to the power to close a burial ground to new interments should be ended, and that the existing exemption in relation to burials with the approval of the Sovereign in St Paul’s Cathedral or Westminster Abbey should be extended to include all royal peculiars.
See paragraph 7.91 of the consultation paper.
We provisionally propose that the Secretary of State should have the power to reopen burial grounds which have been closed to new interments, with the agreement of the burial ground owner, or the incumbent. Burial grounds could be reopened in full, or partially by reference to a particular area or purpose.
See paragraph 7.100 of the consultation paper.
We provisionally propose that where a closed Church of England churchyard is reopened, any local authority which has become legally responsible for its maintenance should continue to have that responsibility.
We invite consultees’ views on whether Church of England fees for funerals and burial should be shared with local authorities, or whether an additional fee payable to local authorities should be charged, in relation to reopened churchyards.
See paragraph 7.108 of the consultation paper.
We invite consultees’ views on whether the Church in Wales should be able to transfer the responsibility for maintaining its churchyards and burial grounds to the community council or county council, on the same model as in place in England.
