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.