Recent queries and comments – 2nd September

The latest supplement to our weekly round-up

We have made a further compilation of “Quick Answers” to questions which have arisen from searches of, or comments during the past week or so, providing links to our blog posts addressing these issues. The topics covered in these “Saturday Supplements” does not necessarily represent our most-read blogs, but reflects the current interests of readers accessing the site on (mostly) contemporary issues.

General searches

Question Quick Answer L&RUK post/comment
how much can a parish council give in grants A parish council is a civil local authority  in England.
The parochial church council (PCC) is the executive committee of a Church of England parish.
Parish Councils may award grants under the Section 137 of the Local Government Act 1972.
The award of grants by a PCC is limited by its charitable status.
sharia versus english common law Commons Home Affairs Committee inquiry into sharia councils
do you have to be christened to be buried in a church Burial in a church building no longer available.

Right of burial in a churchyard/consecrated burial ground extends to: parishioners; those on electoral role; anyone who dies in parish.

No body may be buried in consecrated ground without the burial service being performed, see GS 1972B. (141022)
But see Comment, below.
national guidance dnacpr [i.e. “do not attempt cardiopulmonary resuscitation”] Another at the periphery of our expertise. See: Decisions relating to Cardiopulmonary Resuscitation (3rd edition – 1st revision) Other organizations, such as Compassion in Dying also provide information.
alternatives to lead for reroofing churches Historic England’s advice on metal theft and its aftermath (170713) Church roofs: replacement of lead following theft, (141105).
suffragan bishop of Loughborough Bishop of Loughborough – clarification for the media, Bishop Martyn’s guide for the media. Rev Canon Gulnar Eleanor Francis-Dehqani appointed 11 July 2017, consecration in Canterbury Cathedral 30 November. Welcomed to Leicester Diocese at a service in Cathedral at a later date
 child migrants and iicsa IICSA Child Migration – Statement, (170727) See also IICSA web page: Protection of Children Outside the United Kingdom
Infant cremation in Scotland § New legislation Burial and Cremation (Scotland) Act 2016.
Consultation on The Cremation (Scotland) Regulations 2017 closed 9 June 2017.
Background, Infant cremation: Scotland and England, (150608)
laws for ashes burials uk Cremation (England and Wales) (Amendment) Regulations 2016
Separate provisions for Scotland, supra.

Case law relatedl searches

pemberton v inwood Pemberton v Inwood: a note, (170109).
chez razpredelenie Bulgaria Judgment of Grand Chamber of CJEU in CHEZ Razpredelenie Bulgaria (Judgment) [2015] EUECJ C-83/14 which generated much comment and concern that it has widened considerably the range of EU discrimination law. Discrimination, equal treatment, electricity and collateral damage: CHEZ Razpredelenie Bulgaria, (150909).
 kuchlhad number Sounds like a physical constant, e.g. Avogadro’s number, but perhaps… Küchl v Austria 51151/06 – HEJUD [2012] ECHR 2017 (04 December 2012)
consent for cannulation,  § Clinical law not our area of expertise; See NHS Southampton’s Consent for a cannula Anita Border v Lewisham & Greenwich (2015) EWCA Civ 8

Unless marked §, the questions are the search terms used, verbatim;  questions arising externally to the blog, (twitter/other), are marked ‡; the dates in parentheses are in the format (yymmdd).

Comment

This week there have been a couple of searches on issues which, whilst at the periphery of our expertise/scope of the blog, have nevertheless been of sufficient interest to warrant inclusion. As we have stressed before, we do not give legal advice on this blog; consequently some queries/comments have been paraphrased from a specific enquiry to a more general one covering the relevant area.

We are always pleased to receive information from those with particular experience in the issues in question.

Footnote

As stated in our General Terms and Conditions, at L&RUK we do not give legal advice, or purport to do so. This post is a summary of recent enquiries and comments, and links to relevant coverage in this blog and elsewhere. With regard to on-going issues, the date of this sourced material is of particular importance. For specific queries on the application of the legislation, professional legal advice should be sought.

Cite this article as: David Pocklington, "Recent queries and comments – 2nd September" in Law & Religion UK, 2 September 2017, http://www.lawandreligionuk.com/2017/09/02/recent-queries-and-comments-2nd-september/

3 thoughts on “Recent queries and comments – 2nd September

  1. Pingback: Law and religion round-up – 3rd September | Law & Religion UK

  2. I am surprised at GS 1972b’s claim that “that no body may be buried in consecrated ground without the burial service being performed”. This seems to contradict the Burial Laws Amendment Act 1880, which permits a representative of the deceased to give notice of their intention to conduct a burial in a churchyard without the rites of the Church of England; and specifies that such a burial may be “either without any religious service, or with such Christian and orderly religious service at the grave, as such person shall think fit”.

    • Thanks. Of course you are correct. GS 1972b was written in the context of amendments to Canon B 38 and the use of the burial service by minister in the CofE for suicides and the unbaptised. It also states:

      “[4]. The legal position was altered in the nineteenth century. The Burial Laws Amendment Act 1880 allowed the minister to use a service “consisting of prayers taken from the Book of Common Prayer and portions of Holy Scripture” prescribed or approved by the Ordinary in circumstances where the Burial Service in the BCP could not be used. The 1880 Act therefore enabled a form of Christian service to be used at the burial of a person who had committed suicide while of sound mind.”

      [5]. In 1882 the Interments (felo de se) Act 1882 (the Latin term meaning ‘felon of himself’) made it lawful for the body of a person who, being of sound mind, had committed suicide to be buried in a churchyard. But it remained unlawful to use the Burial Service itself: a special form of service prescribed or approved under the 1880 Act had to be used.

      This demonstrates one of the present shortcomings of “Quick Answers”, which we aim to address; I will also change the entry to yesterday’s post.

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