PART 1Burial

Lair: restoration to use

32Restoration to use of lair: consultation

1

This section applies where it appears to a burial authority in relation to a lair in a burial ground that—

a

the lair is in a poor state of maintenance and repair or that there are no indications that any person is taking an interest in the lair,

b

there has not been a burial in the lair during the relevant period, and

c

it might be practicable for the authority to restore the lair to use by extinguishing the right-holder’s right of burial in the lair and making the lair available for burials.

2

The burial authority may—

a

carry out excavations of the lair,

b

open or move any tomb or other structure that is in or on the lair.

3

The burial authority may not exhume any human remains that are buried in the lair.

4

The burial authority must consult each person mentioned in subsection (5) about its proposal to restore the lair to use.

5

The persons are—

a

persons having appropriate knowledge and qualifications to advise on any archaeological aspects of the proposal,

b

the Commonwealth War Graves Commission,

c

any other person the burial authority thinks appropriate.

6

If by virtue of subsection (4) a person objects to the authority’s proposal to restore the lair to use—

a

the authority may not proceed with its proposal, and

b

this section does not apply in relation to the lair for the period of 10 years beginning with the day on which the authority receives the objection.

7

In this section, “relevant period”, in relation to a lair, means—

a

where the lair contains any human remains, the period of 100 years beginning with the day on which the last burial took place,

b

where the lair does not contain any human remains, the period of 50 years beginning with the day on which the right of burial in the lair was last sold.