CHURCHYARD REGULATIONS 2008 Preliminary 1. This document comprises the following sections:
Introduction 2. This document aims to clarify the legal position with regard to churchyards, and in particular, in respect of the erection of memorials in them. It also aims to ensure that the distinctive character of a churchyard is maintained, particularly in the context of its setting around the parish church. 3.Our churchyards, like our churches, form part of our heritage as a community of Christian people. We are trustees of what we have received from earlier generations. So it is our duty for the sake of generations to come, and for relatives of those who have died and who are buried in a churchyard, to preserve the churchyard’s distinctivecharacter as a resting place for the dead of the parish, and also as the setting for the physical presence of the church in the community. 4. The land which is used for burials in a churchyard has been consecrated by a Bishop. It thus has a special significanceas a place ‘set apart’ for sacred use forever. The churchyard is rightly known as ‘God’s Acre’.
9.In these Regulations the term ‘parish priest’ includesincumbent, priest-in-charge or other priest holding a licence in the parish. Who has a right to be buried in a churchyard? 10. Parishioners ( including those on the Church electoral roll), and other persons who die in the parish have a right to be buried in the churchyard provided that there is room and it has not been closed by Order in Council. 11. The place of burial is at the discretion of the parish priest, unless a particular grave space has been reserved by Faculty granted by the Chancellor. 12. The parish priest may at his or her discretion and if there is sufficient room, permit the burial in the churchyard of persons other than parishioners or those who die in the parish. The PCC will also provide general guidance on this to the parish priest, should the PCC wish to do so. 13. These rights of burial extend also to the interment of ashes after cremation; but where a Churchyard has been closed for burials by Order in Council, this may take place only if a Faculty has first been obtained for this purpose. 14. It is important to realise that once there has been burial or interment of ashes in consecrated ground, it is permanent. There is to be no disturbance of the remains, save for exceptional reasons. This is because permanent burial of the body or the cremated remains should be seen as a symbol for our entrusting of that person into the eternal love of God, to abide in refreshment, light and peace. Erection of memorials in Churchyards A: General points 15. The erection of any memorial in a churchyard, or the alteration of any existing memorial, or the introduction of any object in a churchyard, is a privilege and not a right. However the parish priest and the PCC will want to do all they can to assist the process within the terms of these Regulations. 16. Those that are bereaved may sometimes be under the mistaken impression that they have bought the plot of land in which their loved one is buried, or where their ashes are interred. In fact they have simply paid for the work involved in the burial itself and for a small part of the cost of the general maintenance of the churchyard. The whole churchyard remains in the ownership of the Church. 17. Specially designed, beautiful and appropriate memorials are encouraged and applications for such memorials will always be sympathetically considered. Helpful advice can be obtained from the Churchyards Handbook obtainable from Church House Bookshop, Great Smith Street, London SW1 and from other religious bookshops. Advice on design may always be sought from the Archdeacon or the Diocesan Advisory Committee (The Secretary, DAC, Church House, The Old Palace, Lincoln, LN2 1PU). Charities such as The Memorial Arts Charity, Snape Priory, Snape, Suffolk IP17 1SA can assist bereaved people in choosing a design and commissioning an artist. 18. It is important to note that the existence of a similar memorial in the churchyard to the one for which permission is being sought will not necessarily be a reason for the Chancellor to give such permission. For example, the existence of old kerbs around a memorial would not be a reason in itself for permitting kerbs around a new memorial. Kerbs make the tending and mowing of the churchyard by the Parochial Church Council more difficult. 19. If a memorial or other object is introduced into a churchyard without permission, the Chancellor has the power to grant a faculty for its removal and to order the person who has introduced it to pay the expenses of removal and the costs of any proceedings. 20. The Parochial Church Council has a duty to care for and maintain the churchyard and subject to the approval of the Chancellor, is encouraged with the parish priest to make rules for the benefit of the churchyard for which it is responsible. 21. It is the duty of the monumental mason to ensure that the memorial is safe when erected. Stability should be to the standard BS8415 or an equivalent safety standard. 22. The owner of the memorial, being the person who set it up and thereafter the heirs of the deceased, is responsible for its maintenance in a safe condition. Monuments which become insecure and dangerous may be dismantled and/or removed by the PCC under the authority of a faculty. 23. Permission to place a monument on a grave extends for a period of 100 years. After that time the monument may be removed under the authority of a faculty. B: Procedure for erection of memorials 24. Anyone wishing to erect a memorial should always consult the parish priest as soon as possible. If there is no parish priest then the Rural Dean should be consulted. This should happen before the formal application is made. The purpose of the consultation is to reach an agreement in principle before a formal application is made. 25. A minimum of 6 months must elapse between the death of the person to be commemorated and the approval of a memorial by the Chancellor or parish priest. This time provides a period for reflection following the initial shock of bereavement. 26. The application for a memorial may be approved by the parish priest if it falls within these Regulations. All applications for a memorial should be made to the parish priest on form CR1 before a stone has been ordered. The form should be signed by the stone mason concerned confirming that the memorial falls within these Regulations. 27. 28. If the memorial falls outside the Regulations, and/or the parish priest does not give his or her consent, then application for a Faculty to the Chancellor is required. 29. Further advice may be obtained from the Diocesan Registrar, Roythornes Solicitors, Enterprise Way, Spalding PE11 3YR (tel: 01775 842557). Faculty application forms are issued by the DAC Secretary and are usually sent to petitioners after the Diocesan Advisory Committee for the Care of Churches has considered the matter. 30. All undertakers and monumental masons likely to be concerned with burials in a churchyard in the diocese should be supplied with copies of this document including these Regulations and requested to co operate so as to ensure If the proposed memorial falls within these Regulations, that, as far as possible, disappointment and misunderstanding does not arise over these issues. The Regulations These Regulations specify those memorials which fall within aparish priest’s delegated powers to approve. 1. Dimensions of headstone
2. Materials (i) Headstones, crosses or other memorials should be made of natural stone (with no reflecting finish), teak or oak or cast or wrought iron. Traditional stones are normally used. Those recommended are sandstones and limestones like Forest of Dean, Hornton Blue, Ketton, Nabrasina, Portland, York and Northumberland stones and Welsh Black and Westmoreland Green slates. Neither black nor dark grey granites (including Rustenberg) are permitted (except for honed black and dark grey granite, which are permitted), nor marble, synthetic stone or plastics. Although the stone may not be polished nor finished in any way to give the effect of polished stone, the surface may be suitably prepared for inscription. (ii) The reason for these requirements are explained in the introduction to this document, particularly paragraphs 1-7. We are seeking to preserve the overall distinctive character of a churchyard as a whole, as a resting place for all those who have died and also for the physical setting of the church presence in the midst of the community. We look for the use of stone which will meld into this distinctive character and weather well with its surroundings. The stones we recommend are those which, experience tells us, achieve this. Granite stones and marble, particularly when polished, do not. 3. Base and foundation slab
4. Flowers and vases
5. Design
6. Inscriptions
7.
Commemoration after cremation
(a) They must be of uniform size 8. Levelling (i) 9. The surface of a churchyard should be kept level and where a grave mound has not been levelled within 12 months of burial, the PCC may give instructions for that to be done. Memorials inside a church (i) For the avoidance of doubt, these Regulations do not apply to memorials inside a church, for which a faculty is always required. Mark Bishop Chancellor 16 January 2008 (updated 2012) |
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