Institutional Burials Act 2022

• Permanent Page URL

Access to land, carrying out of works and activities on land and compensation: general

83. (1) Subject to subsection (2) and section 84 , a Director may proceed with relevant works on principal burial land, relevant works on ancillary burial land and related activities on ancillary land—

(a) in any case where the owner of the land concerned is also the occupier of that land, where—

(i) the owner consents to those works or activities in accordance with section 85 , 87 or 89 , as the case may be, or

(ii) a court order is made in respect of the owner under section 86 , 88 or 90 , as the case may be, and—

(I) no appeal has been made against the order by the owner, at any time after the expiration of the period of time allowed for an appeal, or

(II) an appeal has been made by the owner against the order within the period of time allowed for the appeal and the order is confirmed, at any time after the order is confirmed on appeal,

and

(b) in any case where the owner and occupier of the land concerned is not the same person—

(i) where both the owner and occupier consent in accordance with section 85 , 87 or 89 , as the case may be,

(ii) where the owner or occupier of the land consents and the other does not and a court order is made in respect of the non-consenting party under section 86 , 89 or 90 , as the case may be—

(I) where no appeal has been made against the order, at any time after the expiration of the period of time allowed for an appeal, or

(II) where an appeal has been made within the period of time allowed for the appeal, at any time after the order is confirmed on appeal,

or

(iii) where both the owner and occupier of the land do not consent and a court order is made in respect of both under section 86 , 88 or 90 , as the case may be—

(I) where no appeal has been made against the order by either the owner or occupier, at any time after the expiration of the period of time allowed for an appeal,

(II) where an appeal has been made against the order within the period of time allowed for the appeal by either the owner or occupier and the order is confirmed, at any time after the order is confirmed on appeal, or

(III) where an appeal has been made against the order within the period of time allowed for the appeal by both the owner and occupier and both orders are confirmed, at any time after the confirmation on appeal of the last order so confirmed.

(2) A Director may not proceed with relevant works or related activities in accordance with subsection (1) unless a statement of compensation has issued to the owner and occupier of the land concerned in accordance with section 84 (3), 85 (1), 87 (1) or 89 (1), as the case may be.

(3) A Director may proceed with relevant works or related activities in accordance with subsection (1) where a statement of compensation has issued to the owner and occupier of the land concerned notwithstanding that compensation has not been agreed under section 91 or is the subject of an appeal under section 94 .

(4) Where the identity of principal burial land is amended by a Government Order under section 7 (6)(d), this section applies in like manner to that part of the land concerned which was not the subject of a previous Government Order under that section as it applies to the principal burial land which was the subject of such previous Order.