Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Burial Act 1857 is one of a series of Victorian Burial Acts and remains best known for s.25, which provides that it is unlawful to remove any body, or the remains of any body, from a place of burial without a licence from the Secretary of State (now exercised by the Ministry of Justice) — the statutory basis for exhumation licences in England and Wales. Where the remains are in consecrated Church of England ground, an ecclesiastical faculty from the Consistory Court is also required. The wider Burial Acts regulate the provision, management, and closure of burial grounds. The law reflects the common-law position that there is no property in a dead body, so disputes are dealt with through these regulatory and ecclesiastical controls rather than through ownership.
Key Points
- Exhumation licence required from Ministry of Justice
- Ecclesiastical faculty needed for Church of England burial grounds
- Regulation of burial grounds
- No property in a dead body at common law
Parts & Sections
Frequently asked questions
- Is it legal to remove a body from a grave without permission?
- It is unlawful to remove any body or remains from a place of burial without a licence from the Secretary of State, which is now exercised by the Ministry of Justice. This requirement forms the statutory basis for exhumation licences in England and Wales, ensuring that removals are properly authorised before they occur.
- Do I need extra permission if the grave is in Church of England ground?
- If the remains are located in consecrated Church of England ground, an additional ecclesiastical faculty from the Consistory Court is required. This is separate from the standard exhumation licence issued by the Ministry of Justice, meaning both civil and ecclesiastical permissions must be obtained before the remains can be moved.
- Can you own a dead body under the law?
- Under common law, there is no property in a dead body. Consequently, disputes regarding remains are not handled through ownership claims. Instead, they are managed through the regulatory controls of the Burial Acts and, where applicable, ecclesiastical controls for consecrated ground.
- Which government body issues exhumation licences in England and Wales?
- The Ministry of Justice currently exercises the power to grant exhumation licences, a function originally assigned to the Secretary of State by the Burial Act 1857. For consecrated Church of England ground, the Consistory Court is the body that grants the necessary ecclesiastical faculty.