Parliamentary portcullis Session 2009-10
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Arrangement of Clauses (Contents)

Allhallows Staining Church Bill



This Bill, which is promoted by the livery company known as The Clothworkers' Company ("the Company"), removes certain statutory restrictions applying to land comprising the site of the former church of Allhallows Staining, its churchyard, and other adjoining land in the City of London ("the relevant land").

Clause 1 deals with citation.

Clause 2 sets out the definitions of certain expressions used in the Bill.

Clause 3 repeals sections 4(2)(b) to (e) of the Allhallows Staining Churchyard Act 1961 ("the Act"). The Act authorised the sale of the churchyard to the Company. The churchyard was duly conveyed to the Company on 20 June 1961. The Act also imposed certain restrictions affecting the churchyard: no human remains, grave, tombstone or memorial may be disturbed or removed without a faculty or licence of a consistory court; any person with an interest in a grave in the churchyard is entitled to access on application to the Company; the incumbent of the united benefices of St Olave Hart Street, Allhallows Staining and St Katherine Coleman has rights of access to the churchyard at all times; and no buildings may be erected on all or part of the churchyard. Repeal of sections 4(2)(b) to (e) of the Act would remove these restrictions.

Clause 4 discharges other restrictions that apply to the relevant land and provides that it is lawful to use, develop, deal with or dispose of the relevant land or any part of it for any purpose. However there are savings for any private rights or easements (not being a right in respect of a grave), for the requirement to secure any necessary planning or listed building consents, and for interference with the public highway.

Clause 5 imposes detailed procedures which must be followed by the Company before undertaking any works to the relevant land which involve the removal of human remains. This includes provision for personal representatives or relatives of deceased persons interred in the relevant land (instead of the Company) to undertake removal and reinterment or cremation.

Clause 6 makes provision for the removal from the relevant land of any tombstone, memorial or monument and for its re-erection at an alternative location, and provides any person who is a personal representative or relative of the deceased person to whom the tombstone, memorial or monument relates the opportunity to agree the location with the Company.


In the view of The Clothworkers' Company the provisions of the Allhallows Staining Church Bill are compatible with the Convention Rights.

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