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Burial and Cremation (Scotland) Act 2016

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This is the original version (as it was originally enacted).

33Notification: right-holder

This section has no associated Explanatory Notes

(1)This section applies where none of the persons consulted under section 32(4) objects to a burial authority’s proposal to restore a lair to use.

(2)If the burial authority is aware of the name and address of the right-holder or able, after reasonable enquiry, to ascertain them, the authority must give notice to the right-holder of the matters mentioned in subsection (3).

(3)The matters are—

(a)the authority’s proposal to restore the lair to use,

(b)the right-holder’s right to consent or object to the proposal by giving notice in writing to the authority of the consent or objection within the prescribed time limit,

(c)any prescribed documents which the right-holder should give to the authority,

(d)an explanation of the consequences of consenting or objecting to the proposal,

(e)the right-holder’s obligations in relation to the maintenance of the lair, and

(f)any costs for which the right-holder is liable in respect of maintenance.

(4)Notice under subsection (2) must be given in the prescribed form and the prescribed manner.

(5)If by virtue of subsection (3)(b) the burial authority receives notice of the right-holder’s objection to the authority’s proposal to restore the lair to use—

(a)the authority may not proceed with its proposal, and

(b)section 32 does not apply in relation to the lair for the period of 10 years beginning with the day on which the authority receives the notice.

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