The Burial Laws Amendment Act 1880 (43 & 44 Vict c 41) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

. It is one of the Burial Acts 1852 to 1885. This Act is excluded b
section 4
of the Welsh Church (Burial Grounds) Act 1945. For the construction of references in this Act to a "parish" or "burial board", in the application of this Act to Greater London, se
section 44(4)
of the

London Government Act 1963 The London Government Act 1963 (c. 33) is an Act of the Parliament of the United Kingdom, which created Greater London and a new local government structure within it. The Act significantly reduced the number of local government districts in the ...

. From 1882 to 1961, this Act was applied by section 3 of the Interments (felo de se) Act 1882.

Preamble

The preamble was repealed by the

Statute Law Revision Act 1894 The Statute Law Revision Act 1894 (57 & 58 Vict c 56) is an Act of the Parliament of the United Kingdom. This Act was repealed for the United Kingdom by Group 1 oPart XVIof Schedule 1 to the Statute Law (Repeals) Act 1993. The enactments which ...

Section 7 – Burials to be conducted in a decent and orderly manner and without obstruction

This section reads:

"Riotous"

This expression is defined by sections 10(3) and (4) of the Public Order Act 1986.

Sentence

A person guilty of this offence is liable to imprisonment for a term not exceeding two years. Where a person is convicted on indictment of this offence, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way.

Proposal for repeal

In 1985, the

Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...

said that this offence was no longer used and recommended that it be repealed. In 1981, they said that in relation to cemeteries and crematoria managed by local authorities, this offence was effectively superseded by articles 18 and 19 of the Local Authorities' Cemeteries Order 1977 (SI 1977/204), made under section 214 of the Local Government Act 1972. They also said that there was a considerable overlap with the offence in section 2 of the

Ecclesiastical Courts Jurisdiction Act 1860 The Ecclesiastical Courts Jurisdiction Act 1860 (23 & 24 Vict c 32) is an Act of the Parliament of the United Kingdom. It is one of the Ecclesiastical Courts Acts 1787 to 1860. The Act is sometimes known as the "ECJA." Section 1 Section 1 prov ...

.The Law Commission. Offences against Religion and Public Worship. Working Paper No 79. HMSO. London. 1981. Paragraph 12.13 at page 154.

Section 11 – Order of coroner or certificate of registrar to be delivered to relative, etc instead of to person who buries

This section was repealed b
section 13(1)
of, an
Second Schedule
to, the Births and Deaths Registration Act 1926.

References

* Halsbury's Statutes,

External links

The Burial Laws Amendment Act 1880
as amended from the National Archives.
The Burial Laws Amendment Act 1880
as originally enacted from the National Archives. {{UK legislation Burials in the United Kingdom Legal aspects of death United Kingdom Acts of Parliament 1880