Law Commission consultation on burial and cremation

See paragraph 9.74 of the consultation paper.

We provisionally propose that:

1. every time a local authority burial authority seeks to exercise powers under articles 10(5) or 16(2) of LACO 1977, it should be required to notify the CWGC; and
2. it should be a requirement for the local authority to share information about which graves it intends to take this action in relation to, and then for the CWGC to confirm whether the grave is a Commonwealth war grave.

Do consultees agree?

See paragraph 9.80 of the consultation paper.

We provisionally propose that where a local authority has followed the process to obtain the right to maintain a monument whose owner cannot be contacted:

1. the consent of the CWGC should be required for the local authority to undertake ordinary maintenance to Commonwealth war graves in relation to which they do not own the memorial or the burial rights; and
2. the CWGC should have the right to maintain such graves.

Do consultees agree?

We provisionally propose that the CWGC should be able to maintain any memorial over a Commonwealth war grave in a private burial ground without the consent of its owner, if a notice has been served on the owner of the memorial right and they have not responded within three months.

Do consultees agree?

See paragraph 9.85 of the consultation paper.

We provisionally propose that the CWGC should be informed every time a burial ground operator seeks to extinguish burial rights or reuse a grave, and it should have the power to object to these actions in relation to Commonwealth war graves.

Do consultees agree?

We provisionally propose that the CWGC should be informed every time a burial ground operator seeks to make a further burial above a grave where the person buried died between 4 August 1914 and 31 August 1921, or between 3 September 1939 and 31 December 1947. The CWGC should have the power to object to the reclamation of Commonwealth war graves.

Do consultees agree?

See paragraph 9.90 of the consultation paper.

We provisionally propose that the CWGC should have the right in respect of compulsorily purchased land to remove remains in Commonwealth war graves and to reinter or cremate them, and to remove any memorials. 

Do consultees agree?

See paragraph 9.92 of the consultation paper.

We invite consultees’ views on whether the Ministry of Justice should be required to consult with the Commonwealth War Graves Commission in relation to exhumations of deceased people who died during the periods between 4 August 1914 and 31 August 1921, or between 3 September 1939 and 31 December 1947.

See paragraph 9.98 of the consultation paper.

We provisionally propose the following:

1. private burial ground operators should be required to inform the CWGC when they seek to maintain, remove or destroy a tombstone, memorial or other fittings of a grave where the burial was made within the periods between 4 August 1914 and 31 August 1921, or 3 September 1939 and 31 December 1947; and
2. where that grave is a Commonwealth war grave, the CWGC should be granted the right to give or refuse consent to these actions.

Do consultees agree?