13.4The statute should define how cemeteries are approved under that statute. For cemeteries established before the commencement of the new statute, any cemetery or burial place recognised under the 1964 Act and that has been registered with the local authority should be an approved cemetery. This would capture existing local authority cemeteries, trustee cemeteries and denominational burial grounds. It would also capture the rarely used categories of private burial ground, private burial place and burial in a special place. Any burial outside of those places would be subject to the process for approval of new cemeteries described below.
R64The statute should provide that any cemetery recognised under the Burial and Cremation Act 1964 as a cemetery or other burial place and that is registered with the local authority should be an “approved cemetery” for the purposes of the offence of unlawful burial.