Burial Laws Amendment Act 1880

The Burial Laws Amendment Act 1880^[1]
Dates
Parliament of the United Kingdom
Long title	An Act to amend the Burial Laws.
Citation	43 & 44 Vict c 41
Territorial extent	England and Wales and the Channel Islands^[2]
Royal assent	7 September 1880
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Burial Laws Amendment Act 1880 (43 & 44 Vict c 41) is an Act of the Parliament of the United Kingdom. It is one of the Burial Acts 1852 to 1885.^[3]

This Act is excluded by section 4 of the Welsh Church (Burial Grounds) Act 1945.

For the construction of references in this Act to a "parish" or "burial board", in the application of this Act to Greater London, see section 44(4) of the London Government Act 1963.

From 1882 to 1961, this Act was applied by section 3 of the Interments (felo de se) Act 1882.

Preamble

The preamble was repealed by the Statute Law Revision Act 1894.

Section 7 - Burials to be conducted in a decent and orderly manner and without obstruction

This section reads:

All burials under this Act, whether with or without a religious service, shall be conducted in a decent and orderly manner; and every person guilty of any riotous, violent, or indecent behaviour at any burial under this Act, or wilfully obstructing such burial or any such service as aforesaid thereat, or who shall, in any such churchyard or graveyard as aforesaid, deliver any address, not being part of or incidental to a religious service permitted by this Act, and not otherwise permitted by any lawful authority, or who shall, under colour of any religious service or otherwise, in any such churchyard or graveyard, wilfully endeavour to bring into contempt or obloquy the Christian religion, or the belief or worship of any church or denomination of Christians, or the members or any minister of any such church or denomination, or any other person, shall be guilty of a misdemeanor.^[4]

"Riotous"

See sections 10(3) and (4) of the Public Order Act 1986.

Sentence

A person guilty of this offence is liable to imprisonment for a term not exceeding two years.^[5]

Where a person is convicted on indictment of this offence, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way.^[6]

Proposal for repeal

In 1985, the Law Commission said that this offence was no longer used and recommended that it be repealed.^[7]

In 1981, they said that in relation to cemeteries and crematoria managed by local authorities, this offence was effectively superseded by articles 18 and 19 of the Local Authorities' Cemeteries Order 1977 (SI 1977/204), made under section 214 of the Local Government Act 1972.^[8] They also said that there was a considerable overlap with the offence in section 2 of the Ecclesiastical Courts Jurisdiction Act 1860.^[9]

Section 11 - Order of coroner or certificate of registrar to be delivered to relative, etc instead of to person who buries

This section was repealed by section 13(1) of, and Second Schedule to, the Births and Deaths Registration Act 1926.

References

Halsbury's Statutes,

↑ The citation of this Act by this short title is authorised by section 16 of this Act.
↑ The Burial Laws Amendment Act 1880, section 15
↑ The Short Titles Act 1896, section 2(1) and Schedule 2
↑ Digitised copy of section 7 from Legislation.gov.uk
↑ Castro v R (1880) 5 QBD 490 at 508; the Powers of Criminal Courts (Sentencing) Act 2000, section 77
↑ The Criminal Justice Act 2003, section 163
↑ The Law Commission. Criminal Law: Offences against Religion and Public Worship. Law Com 145. HMSO. London. 1985. Paragraph 3.25 at page 39.
↑ The Law Commission. Offences against Religion and Public Worship. Working Paper No 79. HMSO. London. 1981. Paragraphs 12.11 and 12.21 at pages 152 and 160.
↑ The Law Commission. Offences against Religion and Public Worship. Working Paper No 79. HMSO. London. 1981. Paragraph 12.13 at page 154.

External links

The Burial Laws Amendment Act 1880, as amended from the National Archives.
The Burial Laws Amendment Act 1880, as originally enacted from the National Archives.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of the Parliament of Ireland	to 1700 1701–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes Legislation.gov.uk Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament List Acts and Measures of the National Assembly for Wales List Acts of the Northern Ireland Assembly List Acts of the Parliament of Northern Ireland List Orders in Council for Northern Ireland List

Orders-in-Council	Order in Council

Secondary legislation	United Kingdom Statutory Instruments Scottish Statutory Instruments Acts of Sederunt Acts of Adjournal

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