The Weekly Law Reports
[2007] 2 WLR 506
Arches Court of Canterbury
In re
Welford Road Cemetery, Leicester
2006 Aug 11;
Oct 13
Oct 13
Cameron QC, Dean of the Arches, Turner QC, Ch and Hill 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
— Whether memorial remaining property of person erecting it
— Where responsibility for maintenance lying
— Test to be applied on petition for confirmatory faculty
— Whether laying memorials flat appropriate or proportionate response to risk
— Whether jurisdiction to make restoration order requiring repair and restabilisation of memorials
— Whether confirmatory faculty to be granted
— Whether to be conditional on restoration of memorials
— Whether conditional faculty for future works to be granted
—
Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No 1), ss. 12(1), 13(5)