The Weekly Law Reports
[2006] 2 WLR 1214
Leicester Consistory Court
In re
Welford Road Cemetery, Leicester
2005 Dec 12,
13,
14;
2006 Jan 23
2006 Jan 23
Behrens Ch
Ecclesiastical law
— Faculty
— Municipal cemetery
— Burial authority carrying out cemetery safety inspection
— Memorials found to be unsafe laid flat
— Burial authority seeking confirmatory faculty and faculty authorising future health and safety works
— Objectors seeking restoration order
— Test to be applied on petition for confirmatory faculty
— Whether laying memorials flat appropriate or proportionate response to risk
— Whether confirmatory faculty to be granted
— Whether jurisdiction to make restoration order requiring repair and restablisation of memorials
— Whether order to be made
— Whether faculty for future works to be conditional on restoration of memorials already laid flat
—
Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No 1), ss. 12, 13(5)