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