Overview

The Bishop's Stortford Cemetery Act 2024 grants Bishop's Stortford Town Council the power to manage space in the Old and New Cemeteries. This includes extinguishing old burial rights, disturbing remains in certain circumstances, and managing memorials to create more burial space.

Description

This Act allows Bishop's Stortford Town Council (the burial authority) to:

• Extinguish burial rights: After 75 years of inactivity (no burials or memorial activity), the council can extinguish burial rights in a grave. Compensation may be paid to the registered owner or the right may be revived.
• Disturb human remains: The council can disturb remains if burial rights have expired or been extinguished, the grave is a public grave, or the remains have been interred for over 75 years. Remains must be reinterred within the cemetery. Objections from registered owners, memorial owners, or relatives may delay or prevent disturbance, unless more than 25 years have passed since an objection was raised.
• Manage memorials: The council can remove memorials; the owner has six months to claim it, otherwise, the council can reuse or dispose of it. A policy on handling memorials must be published.
• Special Protections: Commonwealth war graves and memorials require the Commission's consent before any action. Consecrated land requires permission from the consistory court.
• Notices and objections: The council must give extensive notice of its plans, publishing in newspapers and online, displaying notices at the cemetery, and notifying relevant parties. Objections can be made, potentially halting the process.

Government Spending

The Act does not directly allocate government funds. The cost of implementing the Act, including legal fees, is covered by the Bishop's Stortford Town Council itself (per Section 9).

Groups Affected

• Bishop's Stortford Town Council: Granted new powers to manage cemetery space and potentially reduce maintenance costs.
• Registered owners of burial rights and memorials: May be affected by the extinguishment of rights or removal of memorials. They have a right to object and potentially receive compensation.
• Relatives of the deceased: May be affected by the disturbance of human remains and have the right to object.
• Commonwealth War Graves Commission: Their consent is required for work on war graves and memorials.
• Consistory court of the relevant diocese: Their jurisdiction applies to the handling of remains on consecrated land.

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