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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Ghai, R (on the application of) v Newcastle City Council & Ors  EWCA Civ 59 (10 February 2010)
Cite as:  PTSR 1003,  3 WLR 737,  1 QB 591,  QB 591,  EWCA Civ 59,  7 EG 101
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEENS BENCH DIVISION (ADMINISTRATIVE COURT)
MR JUSTICE CRANSTON
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOORE-BICK
LORD JUSTICE ETHERTON
| THE QUEEN ON THE APPLICATION OF GHAI
|- and -
|NEWCASTLE CITY COUNCIL & OTHERS
SECRETARY OF STATE FOR JUSTICE
(1) RAMGHARIA GURDWARA, HITCHIN
(2) ALICE BARKER WELFARE AND WILDLIFE TRUST
(3) THE EQUALITY AND HUMAN RIGHTS COMMISSION
(4) THE HINDU MERCHANTS ASSOCIATION
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400, Fax No: 020 7404 1424
Official Shorthand Writers to the Court)
Mr John McGuinness QC (instructed by Newcastle City Council Legal Services) for the Respondent
Mr Jonathan Swift and Ms Joanne Clement (instructed by Treasury Solicitors) for the Interested Party
Mr Satvinder Juss (Pro Bono) for the First Intervener
Mr Richard Drabble QC, Mr Eric Fripp and Mr Ellis Wilford (instructed by Simons Muirhead & Burton) for the Second Intervener
Ms Helen Mountfield (instructed by The Equality & Human Rights Commission) for the Third Intervener
Mr Adrian Berry (instructed by Wilson Barca Solicitors) (Pro Bono) for the Fourth Intervener (by written submissions only)
Hearing date: 18 January 2009
Crown Copyright ©
The Master of the Rolls:
"The expression "crematorium" shall mean any building fitted with appliances for the purpose of burning human remains, and shall include everything incidental or ancillary thereto".
Section 4 extends the powers of a burial authority to provide and maintain burial grounds or cemeteries to "the provision and maintenance of crematoria". Section 5 prohibits "the construction of a crematorium" within 200 yards of a dwelling house "except with the consent, in writing, of the owner", and within 50 yards of any public highway. Section 6 enables burial authorities to accept land "for the purpose of a crematorium", or "a donation … for enabling them to acquire, construct or maintain a crematorium".
"The Secretary of State shall make regulations as to the maintenance and inspection of crematoria, and prescribing in what cases and in what conditions the burning of any human remains may take place, and directing the disposition or interment of the ashes, and prescribing the forms of the notices, certificates… to be given or made before any such burning is permitted to take place…".
Section 8 renders it an offence to "contravene any such regulation" or "knowingly [to] carry out or procure or take part in the burning of any human remains except in accordance with such regulations and the provisions of this Act". Section 14 provided that "any provisions of any local and personal Act for the like purposes as this Act" should "cease to have effect" from the date on which regulations made under section 7 came into force.
"No cremation may take place except in a crematorium the opening of which has been notified to the Secretary of State".
Lord Justice Moore-Bick:
Lord Justice Etherton: