SOME LEGAL ISSUES

There have been few if any comparable situations to that of the former Calderstones Hospital Cemetery, which is currently in private ownership, yet is consecrated ground though it has never been in the ownership or stewardship of the established Church, which in this case is represented by the Blackburn Diocese. 

Nigel Evans MP has been very helpful in obtaining some preliminary guidance from the House of Commons Library, identifying areas of legislation which might be  relevant to the proposed development of Calderstones Cemetery, and a copy of the response from the Library is attached. 

The guidance we have received has encouraged the Friends to look at different areas of the law, but there is no suggestion that we have established a comprehensive list of the relevant legislation and accept that there may be other documents which could be equally important, but which we have not yet seen.


House of Commons Library guidance

House of Commons  Library guidance

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House of Commons Library guidance

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The Cremation Act 1902

The Cremation Act 1902 appears to address the issue of developers needing the consent rather than the absence of objection from neighbours living within 200 yards of any proposed development of a crematorium.

Disused Burial Grounds (Amendment) Act 1981


Care of Churches and Ecclesiastical Jurisdiction (Amendment) Act 1991


Care of Churches and Ecclesiastical Jurisdiction (Amendment) Measure 2015


The Friends have been reliant on the skilled assistance and guidance of Mr Philip Petchey, Ms Johanna MacDonald and Mr Colin Fenn in understanding some of the legislation which might be relevant to the Cemetery and its present and its future