4Meaning of closed cemetery

4 Meaning of closed cemetery

(1)  For the purposes of this Act, a cemetery is a closed cemetery if the cemetery –

(a) immediately before the commencement of this section, was a closed cemetery within the meaning of the Burial and Cremation Act 2002 ; or

(b) was closed under section 63 and a notice under that section remains in effect in respect of the cemetery; or

(c) was approved to be closed under section 65 ; or

(d) meets the prescribed criteria for a closed cemetery.

(2)  For the avoidance of doubt, a closed cemetery is still a cemetery for the purposes of this Act unless –

(a) all human remains have been removed from the closed cemetery as required under section 72(1) ; or

(b) the land is declared under section 73 not to be a cemetery.