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Re Christ Church, Bacup

Manchester Consistory Court: Tattersall Ch, 3 April 2013 Exhumation – church closed for public worship – exceptionality

Published online by Cambridge University Press:  15 August 2013

Ruth Arlow*
Affiliation:
Chancellor of the Diocese of Norwich
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2013 

The cremated remains of the petitioner's sister and parents had been interred under the floor of a church which, by a pastoral church buildings scheme made under section 42 of the Mission and Pastoral Measure 2011, was declared closed for regular public worship with effect from 31 August 2012. Future uses of the church building were still being investigated. The petitioner sought a faculty authorising the exhumation of his sister's and parents' remains and their re-interment in a family grave in the consecrated part of a municipal cemetery. The chancellor observed that, in the event of the building being disposed of, section 78 of, and Schedule 6 to, the 2011 Measure would provide a statutory mechanism under which the petitioner would be entitled to remove and re-inter the remains (unless the Secretary of State made a dispensing order). Accordingly, it was not currently necessary, as a matter of law, to deal with the issue of the remains. Nevertheless, it was understandable that the petitioner should wish to remove them from a building that was now closed for regular public worship to re-inter them elsewhere. Applying the test in Re Blagdon Cemetery [2002] 1 Fam 299, the chancellor considered that the facts justified an exception to the general presumption of the permanence of Christian burial and that there were special circumstances, namely the desire to re-inter the cremated remains of all the deceased persons in a family grave. [Alexander McGregor]