ST LAURENCE

WORSHIPPING, CARING, SHARING

in the name and love of God

Appleton

St Laurence, Appleton

is a registered Fairtrade Church

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Besselsleigh

with

With regard to general rights of burial (including the burial of cremated remains), the PCC of St Laurence Church, Appleton follows the Pastoral Measure Code of Practice Annex 6 (December 2009), as per the following excerpt:

 

The common law position as regards rights of burial is that every parishioner and inhabitant has the right of burial in the churchyard or burial ground of the parish in which (s)he resides. Also, any person whose death takes place within the area of a parish is by law entitled to be buried in that parish irrespective of the length of time (s)he has lived there. A person who has a right of burial in a churchyard or other burial ground also has a right of burial therein of his or her cremated remains by virtue of s.3(1) of the Church of England (Miscellaneous Provisions) Measure 1992. Although a parishioner has the right of burial, unless a grave space has been reserved by faculty, the selection of the particular grave is within the discretion of the incumbent or priest in charge. If there are several burial grounds in the parish, it would seem that a parishioner (other than one affected by the proviso to paragraph 15(1) of Schedule 3 to the Pastoral Measure 1983) has rights of burial in that parish but no rights in any particular burial ground.

 

S.6(1) of the Church of England (Miscellaneous Provisions) Measure 1976 provides additionally that a person, who otherwise would have no right of burial, shall have a right of burial in the churchyard or other burial ground of the parish if at the date of his or her death their name is entered on the church electoral roll of the parish. S.6(2) of the 1976 Measure also provides that no person (not having a right of burial in the parish) shall be buried without the consent of the minister and also provides that in deciding whether to give such consent the minister shall have regard to any general guidance by the PCC of the parish with respect to the matter. Thus a person residing in a parish which has no facility for burials (and no entitlement for its parishioners to be buried in another parish) has an automatic right to be buried in the parish on whose electoral roll his or her name is entered. If, however, (s)he resides in a parish which does have burial facilities (s)he may not be buried in a churchyard or burial ground of another parish, even if (s)he is on its electoral roll, without the consent of the minister of that parish in the light of any general guidance given by the PCC of that parish.

 

General Guidance to the Incumbent from the St Laurence PCC

1. A spouse, parent or child of a person already buried in St Laurence’s churchyard may be buried in the family grave, even if (s)he otherwise has no right of burial.

2. A person who has left permanent residence of the Parish for the sole reason of needing nursing or residential care retains their right to be buried, or to have their ashes interred in the churchyard.

3. A person who does not otherwise satisfy the above criteria for burial rights but who has clear long-term connections with the parish (e.g. direct family-ties spanning several generations; a spouse or children buried in the churchyard etc.) may be buried in the churchyard with the consent of the PCC.

4. If a person has none of the rights or qualifying connections above, (s)he cannot be buried in the churchyard without the consent of the PCC.  

5.The incumbent should refer disputed cases to the PCC, whose decision shall be final.

 

A Note on Memorials

A faculty (legal permission) is required before the erection of any memorial in a churchyard, but in practical terms, in exercise of his jurisdiction, the Chancellor has delegated limited powers to the incumbent of the parish (or in a vacancy to the Area Dean). Materials, sizes, designs and inscriptions of all memorials to be erected (or altered) in the churchyard must follow and comply fully with the Chancellor’s guidelines. Details of all proposed memorials must be submitted to the incumbent for approval before any such work is undertaken. Further information on the regulations can be found on-line at:

 

http://www.oxford.anglican.org/wp-content/uploads/2016/11/Churchyard-Regulations-2016.pdf

http://www.oxford.anglican.org/wp-content/uploads/2013/01/OD-families-2015.pdf                                                                        May 2017

Burials