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3 1948

LOCAL GOVERNMENT (SANITARY SERVICES) ACT, 1948

PART VI.

Disposal of Bodies.

Restriction on places in which bodies may be buried.

44. —(1) Subject to the provisions of subsection (4) of this section a person shall not, without the consent of the Minister, bury the body of a deceased person in a place which is not a burial ground for the purposes of this section.

(2) The following (and no other) places shall be burial grounds for the purposes of this section—

(a) a place which is in lawful use as a burial ground and which was, immediately before the commencement of this section, in lawful use as a burial ground,

(b) a place as respects which the Minister has, after the commencement of this section, given his approval to its being used as a burial ground,

(c) a burial ground provided by a burial board under the Acts.

(3) Subject to the provisions of subsection (4) of this section a person shall not bury the body of a deceased person within the limits in which burials have by order under section 162 of the Act of 1878 been ordered to be discontinued in violation of the provisions of such order.

(4) Nothing in subsection (1) or (3) of this section shall prevent the burial of a clergyman in or adjacent to a church.

(5) A person who contravenes subsection (1) or subsection (3) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

Maintenance by burial board of grave.

45. —Where a person requests a burial board under the Acts, to maintain in proper order, either in perpetuity or for a limited period, a grave in a burial ground provided by the board, the board may, in consideration of such payment or payments as they consider reasonable, make and carry out an agreement for that purpose with such person.

Restriction on exhumations.

46. —(1) The Minister may grant a licence for the exhumation of the body of a deceased person.

(2) The Minister may attach to a licence under this section such conditions as he thinks proper including, in particular—

(a) conditions requiring re-interment at a specified place or within a specified period,

(b) conditions for securing that the exhumation and any re-interment required by the conditions shall be carried out with due care and decency and in such a manner as not to endanger public health.

(3) A licence under this section may be granted in respect of a particular body or in respect of all or any of the bodies buried in a particular place.

(4) A person shall not exhume from a burial ground the body of a deceased person save under a licence granted under this section or pursuant to an order of the Minister for Justice under section 15 of the Coroners (Amendment) Act, 1927 (No. 1 of 1927).

(5) A person who contravenes subsection (4) of this section or who, on or after the exhumation of a body under the authority of a licence under this section, does not comply with a condition attached to the licence, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(6) A person shall not be entitled solely by reason of a licence granted under this section to carry out any exhumation or reinterment.

Disposal of bodies otherwise than by burial.

47. —(1) The Minister may make regulations in relation to the disposal of human remains otherwise than by burial.

(2) Regulations under this section may, in particular, apply any statutory or other enactment, relating to the burial of bodies of deceased persons, to the disposal of such bodies otherwise than by burial and may so apply the enactment either with or without modifications.

(3) A person who contravenes any regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) Compliance with regulations under this section shall not of itself render lawful the disposal of the body of a deceased person.