Changes to Exhumation Licenses from January 2015

December 11, 2014   //   No Comments

On 1 January 2015, the Burial Act 1857 will be amended to simplify exhumation procedures in a small number of cases involving consecrated ground.

The Secretary of State for Justice grants licences to exhume human remains in accordance with section 25 of the Burial Act 1857 (as amended).  Currently, the law requires a licence from the Secretary of State unless “a body is removed from one consecrated place of burial to another by faculty” granted by the Church of England authorities.  The Church of England has to authorise exhumations from consecrated ground and other ground  under its jurisdiction.  Under certain circumstances, authority is needed from both the Secretary of State and the Church of England.  The change simplifies the procedure so that approval is now only needed from one party.

SAIF Members may read the Briefing Note by logging onto our Member’s Secure Area.  It may be found here.