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Re All Saints, Ockbrook

Derby Consistory Court: Bullimore Ch, February 2011 Interment – cremated remains – closed churchyards

Published online by Cambridge University Press:  11 August 2011

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2011

In granting a faculty for the interment of the cremated remains of the petitioners' parents (who had been resident in the parish) in a closed churchyard, the chancellor reviewed the law in relation to interments and closed churchyards. The petition was opposed by the incumbent and PCC because previous requests for interments had been refused on the basis that the churchyard was closed and therefore full. The chancellor held that the parish had been operating in ignorance of section 3(1) of the Church of England (Miscellaneous Provisions) Measure 1992. He further held that the petitioners had established a right to the interment of their parents' ashes in the area set aside in the churchyard for the interment of cremated remains pursuant to that section. [RA]