Explanatory Notes

Burial and Cremation (Scotland) Act 2016

2016 asp 20

28 April 2016

Commentary on Sections

Part 1 – Burial

Lair: restoration to use

Section 39 – Right-holder’s right to object

110.This section allows a person who holds a right of burial in respect of a lair to object to its restoration at any point before the burial authority sells a new right in the lair or otherwise confers the right on another person. This right of objection can be exercised after the public notification period has ended, although not if the right of burial in the lair has subsequently been sold or conferred. If the right-holder objects after the burial authority has extinguished his or her right in line with section 36(4), subsection (3) of this section requires a new right to be conferred on that person in respect of the lair.