SCHEDULES

SCHEDULE 20Burial grounds

Removal of remains by nominated undertaker

4

1

In the case of remains in relation to which paragraph 1(3) applies, the nominated undertaker may remove the remains—

a

if no application under paragraph 2(2) has been received, or

b

in a case where one or more applications under paragraph 2(2) have been received, if in the case of each application—

i

a licence has been issued, and

ii

at least 28 days have passed since the issue of the licence without the remains having been removed.

2

The nominated undertaker must after the removal of remains under sub-paragraph (1)—

a

within 12 months or such longer period as the Secretary of State may direct in relation to the case—

i

bury them in a place (whether or not consecrated) which is set apart for the purposes of burial, or

ii

cremate them in a crematorium, or

b

deal with them in such other manner, and subject to such conditions, as the Secretary of State may direct.

3

If—

a

an application is made to the nominated undertaker under paragraph 2(2),

b

the application is refused on the ground that the nominated undertaker is not satisfied that the applicant is a relative or personal representative of the deceased,

c

within the period of 28 days beginning with the date of the notice of refusal the applicant has applied to the county court for a declaration that he or she is a relative or personal representative of the deceased (see paragraph 11(2)(b)), and

d

that period of 28 days has elapsed without the court having determined the application made to it,

the nominated undertaker may remove the remains and any monument to the deceased.

4

The nominated undertaker must, pending the court's determination, deal with any remains or monument removed under sub-paragraph (3) in such manner as the Secretary of State may direct.