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Burial and Cremation (Scotland) Act 2016

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This is the original version (as it was originally enacted).

29Appeal to sheriff

This section has no associated Explanatory Notes

(1)This section applies where an application to carry out an exhumation of human remains is made by virtue of regulations under section 27(1).

(2)A person mentioned in subsection (3) may appeal to the sheriff against—

(a)a decision to grant the application,

(b)a decision to refuse the application, or

(c)any conditions subject to which the application is granted.

(3)The person is—

(a)the person who made the application, or

(b)any other person who, by virtue of regulations under section 27(1), would have been entitled to make the application.

(4)An appeal must be made before the expiry of the period of 21 days beginning with the day on which the decision to which the appeal relates was made.

(5)Where an appeal is against a decision to grant the application without conditions, the sheriff may—

(a)uphold the decision,

(b)uphold the decision and impose such conditions in relation to the exhumation as the sheriff thinks fit, or

(c)quash the decision and refuse the application with effect from the date of the decision.

(6)Where an appeal is against a decision to grant the application subject to conditions, the sheriff may—

(a)uphold the decision, or

(b)quash the decision and refuse the application with effect from the date of the decision.

(7)In upholding a decision under subsection (6), the sheriff may—

(a)confirm, vary or remove any of the conditions subject to which the application was granted, and

(b)impose such other conditions in relation to the exhumation as the sheriff thinks fit.

(8)Where an appeal is against a decision to refuse the application, the sheriff may—

(a)uphold the decision,

(b)quash the decision and grant the application with effect from the date of the decision, or

(c)quash the decision, grant the application with effect from the date of the decision and impose such conditions in relation to the exhumation as the sheriff thinks fit.

(9)Where an appeal is against conditions subject to which the application was granted, the sheriff may—

(a)confirm, vary or remove any of the conditions, and

(b)impose such other conditions in relation to the exhumation as the sheriff thinks fit.

(10)In this section, references to an appeal are to an appeal under subsection (2).

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