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Cemeteries and Crematoria - LAs Cemeteries Order 1977

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The Local Authorities' Cemeteries Order, 1977

In this extract the Local Authorities' Cemeteries Order, 1977, unless the context otherwise requires: -

"Burial authorities" means the Birmingham City Council.

"Cemetery" means any one of the cemeteries provided and maintained by the said Council, and situated at Brandwood End, Handsworth, Key Hill, Lodge Hill, Quinton, Sutton Coldfield, Sutton New Hall, Warstone Lane, Witton and Yardley.

"Burial" includes -
(a) the interment of cremated human remains;
(b) the interment of the bodies of still-born children or of the cremated remains thereof; and
(c) the placing in a vault of human remains, cremated human remains, or the bodies of still-born children or the cremated remains thereof;

"Tombstone" includes kerbs;

"Vault" means a chamber provided for the reception of human remains or cremated human remains, together with the access thereto; and

"Walled grave" means a grave the sides of which are lined with walls.

Article 5 - Consecration, and setting apart for particular denominations

(6) A burial authority may at the request of a particular denomination or religious body, prohibit the interring or scattering of cremated human remains in or over a part of the Cemetery set apart for their use.

Article 10 - Grant of burial rights
(6) No body shall be buried, or cremated human remains interred or scattered, in or over any grave or vault, in which an exclusive right of burial for the time being subsists except by, or with the consent in writing of, the owner of the right.

This paragraph shall not extend to the body, or remains, of -
  • the persons who immediately before his death was the owner of the right; or
  • any other person specified in the deed of grant or in an endorsement thereon made at the request of the owner for the time being of the right by the officer appointed for that purpose by the burial authority.

Article 18 - Offences in Cemeteries

(1) No person shall-

(a) wilfully create any disturbance in a Cemetery;
(b) commit any nuisance in a Cemetery;
(c) wilfully interfere with any burial taking place in a Cemetery;
(d) wilfully interfere with any grave or vault, any tombstone or other memorial, or any flowers or plants on any such matter; or
(e) play at any game or sport in a Cemetery.

(2) No person not being an officer or servant of the burial authority or another person so authorised by or on behalf of the burial authority shall enter or remain in a Cemetery at any hour when it is closed to the public.

Schedule 2, Part 1 - Exercise of Rights
1. No burial shall take place, no cremated human remains shall be scattered and no tombstone or other memorial shall be placed in a Cemetery, and no additional inscription shall be made on a tombstone, or other memorial, without the permission of the officer appointed for that purpose by the burial authority.

2. No body shall be buried in a grave in such a manner that any part of the coffin is less than three feet below the level of any ground adjoining the grave; provided that the burial authority may, where they consider the soil to be of suitable character, permit a coffin made of perishable material to be placed not less than two feet (60.96 cm) below the level of any ground adjoining the grave.

3. No body shall be buried in a grave unless the coffin is effectively separated from any coffin interred in the grave on a previous occasion by means of a layer of earth no less than six inches (15.24 cm) thick.

4. When any grave is reopened for the purpose of making another burial therein, no person shall disturb any human remains interred therein or remove therefrom any soil which is offensive.

5. Every walled grave or vault shall be properly constructed of suitable material.

6. Within 24 hours of any burial in a walled grave or vault, the coffin shall be -
(a) embedded in concrete, and covered with a layer of concrete not less than six inches thick; or
(b) enclosed in a separate cell or compartment of brick, slate stone flagging or precast concrete slab of a 1:2:4 mix, in any case not less than two inches thick, in such a manner as to prevent, as far as may be practicable, the escape of any noxious gas from the interior of the cell or compartment.

7. Any person to whose order a body is buried in a grave in respect of which an exclusive right of burial has been granted shall, as soon as is may be convenient after the subsidence of the earth has been completed, cause the surface of the grave to be covered with any tombstone or other memorial in respect of which a right has been granted by the burial authority or any predecessor of theirs, or with fresh turf, or, where the burial authority permit, with such flowering or other plants, or in such other manner, as may be permitted.

Article 19 - Penalties
Every person who contravenes -
(a) any prohibition under article 5(6);
(b) article 10(6);
(c) article 18;
(d) Part 1 of Schedule 2 shall be liable on summary conviction to a fine not exceeding Level 3 on the standard scale (currently ,000) and in the case of a continuing offence to a fine not exceeding 0 for each day during which the offence continues after conviction therefor.


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