Local Government (Sanitary Services) Act, 1948

Restriction on exhumations.

46.—(1) The Minister may grant a licence for the exhumation of the body of a deceased person.

(2) The Minister may attach to a licence under this section such conditions as he thinks proper including, in particular—

(a) conditions requiring re-interment at a specified place or within a specified period,

(b) conditions for securing that the exhumation and any re-interment required by the conditions shall be carried out with due care and decency and in such a manner as not to endanger public health.

(3) A licence under this section may be granted in respect of a particular body or in respect of all or any of the bodies buried in a particular place.

(4) A person shall not exhume from a burial ground the body of a deceased person save under a licence granted under this section or pursuant to an order of the Minister for Justice under section 15 of the Coroners (Amendment) Act, 1927 (No. 1 of 1927).

(5) A person who contravenes subsection (4) of this section or who, on or after the exhumation of a body under the authority of a licence under this section, does not comply with a condition attached to the licence, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(6) A person shall not be entitled solely by reason of a licence granted under this section to carry out any exhumation or reinterment.