HC Deb 20 July 1972 vol 841 cc1045-7

CEMETERIES AND CREMATORIA

Amendments made: No. 805, in page 316, line 9, at end insert 'acting jointly'.

No. 806, in page 316, line 19, leave out 'a parish council' and insert 'parish councils'.

No. 807, in page 316, line 31, leave out 'a community council' and insert 'community councils'.

No. 808, in page 317, line 10, at end insert: 3A. Where in pursuance of paragraph 2 above two or more burial authorities make arrangements under Part VI of this Act for the discharge of their functions by a joint committee, and if any of those authorities wish, and one or more of the others do not wish, to alter the arrangements, the arrangements may be changed or ended—

  1. (a) where those authorities are the councils of parishes or communities or groups of parishes or communities situated in the same district, by the council of that district;
  2. (b) in any other case, by the Secretary of State.

No. 809, in page 317, line 12, leave out 'to 127' and insert '125'.

No. 894, in page 317, line 18, leave out 'representative body' and insert 'parish trustees'

No. 810, in page 317, line 23, leave out 'separately chargeable' and insert 'chargeable only'.

No. 811, in page 317, line 32, leave out 'district council' and insert 'council of the district'.

No. 812, in page 317, line 45, leave out from 'by' to 'as' in line 46 and insert: 'the council of a district or London borough or the Common Council outside their respective areas for the purpose of a cemetery or crematorium'.

No. 813, in page 318, line 7, at end insert: 'and duly confirmed. (2) The confirming authority in relation to byelaws made under this paragraph shall be the Secretary of State'.

No. 818, in page 318, line 11, after 'under', insert 'section 146(3) or'.

No. 814, in page 318, line 18, after 'but', insert '(a)'.

No. 815, in page 318, line 20, at end insert: 'and (b) section 10 of that Act (cemeteries not to be within a certain distance of houses) shall cease to have effect on 1st April 1974'.

No. 816, in page 318, line 42, at end insert: 'shall in Greater London apply only within the outer London boroughs and'.

No. 817, in page 318, line 48, at end insert:

  1. 15A. It shall not be necessary for a burial authority to obtain the leave of the Secretary of State under section 6 of the Burial Act 1900 to apply to any other purpose unconsecrated ground maintained by them and set apart for the purposes of burial, and accordingly that section shall cease to have effect.
  2. 15B. For section 7 of the Burial Act 1900 there shall be substituted the following section: —
    • 7.—
      1. (1) The incumbent of an ecclesiastical parish situated wholly or partly in an area chargeable with the expenses of a cemetery shall, with respect to his own parishioners and to persons dying in his parish, be under the same obligation to 1047 perform funeral services in the consecrated part, if any, of the cemetery as he has to perform funeral services in any churchyard of the ecclesiastical parish.
      2. (2) For the purpose of the Burial Laws Amendment Act 1880 (burial without rites of the Church of England) the consecrated part, if any, of a cemetery provided by a burial authority shall be regarded as a graveyard of a parish or ecclesiastical district or place if all or any part of the parish or ecclesiastical district or place is situated in the area chargeable with the expenses of the cemetery.
      3. (3) Burials in the consecrated part of a cemetery provided by a burial authority shall be registered in the same way and subject to the same provisions as burials in the unconsecrated part.
      4. (4) This section does not apply to a cemetery in the area subject to the Welsh Church Act 1914'.
  3. 15C. For section 9 of the Burial Act 1900 there shall be substituted the following section: —
    • 9.—
      1. (1) A burial authority may set apart for the use of a particular denomination or religious body any part of the cemetery which has not been consecrated, satisfying themselves, however, that a sufficient part of the cemetery remains unconsecrated and not so set apart.
      2. (2) Any part of a cemetery in the area subject to the Welsh Church Act 1914 which was consecrated before the end of March 1920 or in respect of which a ceremony of consecration has been performed since that time in accordance with the rites of the Church in Wales shall be treated for the purposes of this section as having been set apart for the use of that Church (and as not having been consecrated)'.
  4. 15D. For section 11 of the Burial Act 1900 there shall be substituted the following section: —
    • 11. In this Act "area subject to the Welsh Church Act 1914" means the area in which the Church of England was disestablished by that Act'.

No. 819, in page 319, line 5, after 'of', insert: 'the Burial Act 1900 and'.

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