Law Commission consultation on burial and cremation

See paragraph 3.69 of the consultation paper.  

We provisionally propose that every burial ground owner should be required to maintain their burial ground in good order appropriate to its current use.
 
Do consultees agree?

See paragraph 3.78 of the consultation paper.

We invite consultees’ views on whether problems of poor maintenance of burial grounds are sufficient to impose requirements on burial ground operators, over and above setting a uniform standard of maintenance.

We invite consultees to provide examples or evidence of issues with poor maintenance that would potentially justify such requirements.

We invite consultees’ views as to whether, if further regulatory action should be taken in relation to the maintenance of burial grounds:

1. the Secretary of State should issue a statutory code of practice for burial ground maintenance, following consultation with stakeholders; or
2. all burial ground operators should be required to publish a management plan on a periodic basis.

See paragraph 3.89 of the consultation paper.

We provisionally propose that the Secretary of State should continue to be able to authorise inspections of burial grounds. Where an inspection finds that the law is not being complied with, the Secretary of State should be able to issue a notice requiring actions to be taken to bring the burial ground into compliance. 

Do consultees agree?

See paragraph 3.95 of the consultation paper.

We provisionally propose the abolition of the offence of failing to adhere to cemetery regulations in section 8 of the Burial Act 1855.

Do consultees agree?

See paragraph 3.101 of the consultation paper.

We invite consultees’ views on whether the Secretary of State should have the power to direct that a local authority takes over the management of a burial ground which has failed to comply with the actions required in a notice, and whether local authorities in such circumstances should have the power to charge costs back to the cemetery owner.

See paragraph 3.119 of the consultation paper.

We invite consultees’ views on what the minimum burial depth should be for bodies buried in a non-perishable coffin, and for bodies buried in a perishable coffin or wrappings.

We provisionally propose that:

1. in all burial grounds there should be six inches of soil between two coffins or bodies which are interred in the same grave; and
2. for walled graves or vaults, there should be a requirement for them to be properly constructed of suitable materials, and for the coffin to be embedded in concrete or enclosed in a separate airtight compartment within 24 hours of the interment.

 Do consultees agree?

We provisionally propose the creation of a new criminal offence of recklessly breaching minimum burial requirements, with a maximum penalty on summary conviction of a fine at level 2 on the standard scale (£500).

Do consultees agree?