Burial Act 1857

The Department for Constitutional Affairs provides guidance for burial ground managers, and many aspect of it relate to provisions contained in the Burial Act 1857. == Disturbing a burial and exhumation ==

Concerns arose that due to pressures of population movement to urban areas during the Industrial revolution that burial graves were reused too quickly. The offence of disturbing a burial included in the Burial Act 1857 was based on the Victorian value that a burial was for eternity. In Scotland, the law is different and covered by the Burial and Cremations Act (Scotland) Act 2016. The powers for a coroner to permit an exhumation fall outside the scope of the Burial Act 1857 and the Coroners And Justice Act 2009 allows them to authorise an exhumation for the purposes of a post-mortem and in relation to criminal proceedings. == Viewpoint of licensing authorities on exhumation ==

The Blagdon Cemetery [2002] Court of Arches case is the basis of the Church of England exhumation guidelines. The viewpoint of the Church of England is burial is final and only grants exhumation in exceptional circumstances. The Advisory Panel on the Archaeology of Burials in England is a partnership between Historic England, and the Church of England providing guidance based on the law, archaeological research, and theology. In England and Wales, the Ministry of Justice holds the right to issue exhumation licence. Before issuing a licence, consent is required from close relatives of the deceased, grave owner, and burial authority. == Modern amendments ==

In 2004, the government, in response to the problem of the lack of space for new burials, partly a consequence of the Burial Act 1857, held a consultation called, “Burial Law and Policy in the 21st Century”. The consultation considered how to address the problem that when a burial ground became full, it generated no income from new burials, and without income, it may become difficult to maintain and fall into neglect. London burial authorities in some instances could reclaim and reuse a grave after 75 years, under the London Authorities Act 2007. Extending this provision elsewhere in the country was deliberated. == Notes ==