18th January 2009, 02:44 PM
Whiel dealing specically with CoE, this contains the relevant legal stuff - but basically you know that if they want to, they will find a way to.
http://www.cofe.anglican.org/about/catha...idance.pdf
- see Annexe 1 from which this is extracted
Major projects â specific authorisation
91 Certain major projects may be authorised by Act of Parliament, a recent example being the Channel Tunnel Rail Link Act 1996. Procedures for dealing with human remains are contained in the relevant statute.
Compulsory purchase
17
92 Where a site is the subject of compulsory purchase, development involving human remains is covered by regulations under the planning acts, which provide that, where the land consists wholly or partly of a burial ground, the land cannot be used until remains have been removed and reinterred in accordance with the prescribed procedure.The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 require the serving of notices to personal representatives of the deceased and the denominational authority, and for publication of notices in a local newspaper. Personal
representatives may then on giving notice remove the remains and monuments at the expense of the landowner; failing that, the landowner may carry out the removal and reinterment of the remains. The Regulations also contain detailed provisions as to the moving of memorials, the manner of removal, certification and record keeping.
Building work â disused burial grounds
93 Under the Disused Burial Grounds Act 1884, no building1 work may take place on a disused burial ground, except for the purpose of enlarging a church.This provision was relaxed subject to certain safeguards in relation to disused burial grounds (excepting consecrated land) in the Disused Burial Grounds (Amendment) Act 1981. Disused in this context means a burial ground that has at any time been set apart for the purpose of interment and is no longer used for interments, whether or not the ground has been closed for burials. The 1981 Act provides that notices must be displayed on the land and in local newspapers giving notice of a proposal to erect a building.Where human remains have been buried within the previous fifty years, any objections from relatives or personal representatives of the deceased are fatal to the development and it may not lawfully proceed. For older burials, or where there are no objections, the prior removal and reinterment or cremation of burials must be undertaken where a building is to be erected on the burial ground, unless it appears to the Secretary of State2 that the erection of a building on such land will not involve the disturbance of any remains. In such instances, a dispensation order can be
issued by the Home Office in confirmation.The Act provides for relatives or personal representatives of the deceased (or in relevant cases the Commonwealth War Graves Commission) to themselves remove and reinter or cremate the remains.
http://www.cofe.anglican.org/about/catha...idance.pdf
- see Annexe 1 from which this is extracted
Major projects â specific authorisation
91 Certain major projects may be authorised by Act of Parliament, a recent example being the Channel Tunnel Rail Link Act 1996. Procedures for dealing with human remains are contained in the relevant statute.
Compulsory purchase
17
92 Where a site is the subject of compulsory purchase, development involving human remains is covered by regulations under the planning acts, which provide that, where the land consists wholly or partly of a burial ground, the land cannot be used until remains have been removed and reinterred in accordance with the prescribed procedure.The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 require the serving of notices to personal representatives of the deceased and the denominational authority, and for publication of notices in a local newspaper. Personal
representatives may then on giving notice remove the remains and monuments at the expense of the landowner; failing that, the landowner may carry out the removal and reinterment of the remains. The Regulations also contain detailed provisions as to the moving of memorials, the manner of removal, certification and record keeping.
Building work â disused burial grounds
93 Under the Disused Burial Grounds Act 1884, no building1 work may take place on a disused burial ground, except for the purpose of enlarging a church.This provision was relaxed subject to certain safeguards in relation to disused burial grounds (excepting consecrated land) in the Disused Burial Grounds (Amendment) Act 1981. Disused in this context means a burial ground that has at any time been set apart for the purpose of interment and is no longer used for interments, whether or not the ground has been closed for burials. The 1981 Act provides that notices must be displayed on the land and in local newspapers giving notice of a proposal to erect a building.Where human remains have been buried within the previous fifty years, any objections from relatives or personal representatives of the deceased are fatal to the development and it may not lawfully proceed. For older burials, or where there are no objections, the prior removal and reinterment or cremation of burials must be undertaken where a building is to be erected on the burial ground, unless it appears to the Secretary of State2 that the erection of a building on such land will not involve the disturbance of any remains. In such instances, a dispensation order can be
issued by the Home Office in confirmation.The Act provides for relatives or personal representatives of the deceased (or in relevant cases the Commonwealth War Graves Commission) to themselves remove and reinter or cremate the remains.