OPEN SPACES ACT 1906

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OPEN SPACES ACT 1906 - SECT 11



11.(1) A local authority shall not exercise any of the powers of management
under this Act with reference to any consecrated burial ground unless and
until they are authorised so to do by the licence or faculty of the bishop.

(2) The playing of any games or sports shall not be allowed in any
burial ground in or over which a local authority have acquired any estate,
interest, or control under this Act, except that

(a)in the case of a consecrated burial ground, the bishop by licence or
faculty; and

(b)in the case of any burial ground which is not consecrated, the persons from
whom the local authority have acquired the estate, interest, or control in or
over the same,

(3) In the case of any disused burial ground, at least three months before
removing or changing the position of any tombstone or monument, a local
authority shall

(a)prepare a statement sufficiently describing by the name and date appearing
thereon the tombstones and monuments standing or being in the ground, and such
other particulars as may be necessary, and shall cause this statement to be
deposited with the clerk of the local authority, and to be open to inspection
by all persons; and

(b)insert an advertisement of the intention to remove or change the position
of such tombstones and monuments three times at least in some newspaper
circulating in the neighbourhood, and by that advertisement give notice of the
deposit of the statement hereinbefore described, and of the place at which and
the hours within which the same may be inspected; and

(c)place a notice in terms similar to the advertisement on the door of the
church (if any) to which the burial ground is attached, and deliver or send by
post a notice to any person known or believed by the local authority to be a
near relative of any person whose death is recorded on any such tombstone or
monument.

(4) In the case of a consecrated ground, no tombstone or monument shall be
removed or its position changed without a licence or faculty from the bishop,
and no application for such licence or faculty shall be made until the
expiration of one month at least after the appearance of the last of such
advertisements as aforesaid:

Provided that on an application for a licence or faculty nothing shall prevent
the bishop from directing or sanctioning the removal or change of position of
any tombstone or monument, if he is of opinion that reasonable steps have been
taken to bring the intention to effect such removal or change of position to
the notice of some person having a family interest in the tombstone or
monument.

(5) A licence or faculty for the purposes of this section may be granted by
the bishop of the diocese within which the consecrated burial ground is
situate on the application of the local authority who have acquired any
estate, interest, or control in or over the burial ground, and may be granted
subject to such conditions and restrictions as to the bishop may seem fit.

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Northern Irish Legislation

OPEN SPACES ACT 1906 - SECT 11