Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Chapter 13

Burial grounds

Definitions - Chapter 13

63. In this Chapter—

“applicable enactments” means—

(a) section 26(1) or (2) of the Act of 1869 as that section was in force at any time before the commencement of this Chapter, and

(b) section 161 of the Act of 1878 as that section was in force at any time before the commencement of this Chapter;

“burial ground appurtenance”, in relation to a burial ground, means—

(a) any church, building or structure in, or forming part of, the burial ground,

(b) any ruined or disused church or ecclesiastical structure, or the remains thereof, in, or forming part of, the burial ground, and

(c) any headstone, tomb, vault or memorial situated in the burial ground;

“relevant burial ground” means—

(a) a section 64 burial ground, or

(b) a section 65 burial ground;

“Report of the Church Temporalities Commission” means the Report entitled “Report of the Commissioners of Church Temporalities in Ireland for the period 1869 - 80” as presented to both Houses of Parliament by royal command and published by the Stationery Office at Dublin in 1880, and a reference to any numbered appendix to the Report of the Church Temporalities Commission means any appendix, published in 1881, and so numbered as appearing in, or attached to, such report;

“ section 53 to 60 monument” has the meaning assigned to it by section 61 (1);

“ section 64 burial ground” has the meaning assigned to it by section 64 (1);

“ section 65 burial ground” has the meaning assigned to it by section 65 (1).