Section 2 Interpretation

In this Act—

• “the 1832 Act” means the Act of the second year of the reign of His Majesty King William the Fourth, entitled “An Act for establishing a General Cemetery for the Interment of the Dead in the Neighbourhood of the Metropolis”;

• “the 1839 Act” means the Act of the second year of the reign of Her Majesty Queen Victoria, entitled “An Act for enabling the General Cemetery Company to raise a further Sum of Money; and for amending the Act relating to the said Cemetery”;

• “the 2006 Act” means the Companies Act 2006;

• “the appointed day” means a day fixed by the Company in accordance with section 13;

• “burial” includes the interment of cremated remains and “right of burial” includes “right of interment” accordingly;

• “the cemetery” means the Kensal Green Cemetery and West London Crematorium, Harrow Road, London W10 4RA;

• “the Charitable Transferee” means the body to which ownership of the cemetery is transferred under section 8;

• “civil partner” includes former civil partner;

• “Commonwealth war burial” means a burial of any member of the armed forces of His Majesty who died in the war of 1914 to 1921 or in the war of 1939 to 1947 or of any other person for whose burial the Commonwealth War Graves Commission is responsible;

• “Commonwealth war memorial” means any memorial erected, owned or maintained by the Commonwealth War Graves Commission;

• “the Company” means the General Cemetery Company or, except in Part 2, any other person to whom any or all of the functions under this Act and any related statutory functions under the old Acts have been transferred;

• “expired” in relation to a right of burial, means that the right has ceased to exist, whether by reason of any fixed period for which the right was granted having ended or the right having been surrendered, forfeited or otherwise determined, or for any other reason other than the right having been extinguished in accordance with the provisions of section 17;

• “grave” includes any grave space and any crypt, vault, catacomb, arch, brick grave, mausoleum, columbarium or other place of interment;

• “memorial” includes any monument, headpiece, headstone, flatstone, slab, footstone, borderstone, kerbstone, tombstone or tablet, any wall, kerb or railing protecting, enclosing or marking a grave (including any permanent covering thereon), or any other commemorative object placed in the cemetery including vases, flower containers or other similar objects;

• “the old Acts” means—

  1. (a)

     the 1832 Act;

  2. (b)

     the 1839 Act; and

  3. (c)

     the General Cemetery Act 1937;

• “protected grave” means a grave designated as a protected grave by the Company under section 19(5);

• “public or common grave” means a grave in respect of which no right of burial has been acquired by or granted to, or is otherwise vested in, any individual or body other than a local authority or the Company;

• “register of grants” means the register of grants maintained by the Company under section 45 of the 1832 Act;

• “registered address” means an address registered in the register of grants;

• “registered number” means a number registered in the register of grants;

• “registered owner”—

  1. (a)

     in relation to any right of burial means the person at the time in question named as the owner in the register of grants;

  2. (b)

     in relation to any memorial means the person at the time in question named in the said register as the person to whom the right to erect or place that memorial has been granted or, if no such person is named, the registered owner of the right of burial in the grave in or on which the memorial is erected or placed;

  3. (c)

     in relation to any right that has expired or been extinguished, means the last person so registered;

• “relative”, in relation to any person, means any of the following—

  1. (a)

     that person’s spouse;

  2. (b)

     that person’s civil partner;

  3. (c)

     any brother, sister, aunt or uncle of that person or of that person’s spouse or civil partner;

  4. (d)

     any lineal ancestor or lineal descendant of that person or of a person mentioned in paragraphs (a) to (c);

• “specified date” means the date specified in a notice given for the purposes of section 17 or section 18, on which it is intended that any burial rights should be extinguished, any human remains should be disturbed, or any memorial should be removed, as the case may be; and

• “spouse” includes former spouse.