Search Legislation

Burial and Cremation (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

35Section 34: effect of objection

This section has no associated Explanatory Notes

(1)This section applies where, before the expiry of any period prescribed by virtue of section 34(3)(c), a person objects to a burial authority’s proposal to restore a lair to use.

(2)If the person is the right-holder or a relative of a person whose remains are buried in the lair—

(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 objection.

(3)If the person is not the right-holder or a relative of a person whose remains are buried in the lair, the authority must determine before the expiry of the prescribed period whether there is merit in the objection.

(4)If the authority determines that there is merit in the objection—

(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 makes its determination.

(5)In this section, “relative”, in relation to a person, means—

(a)the spouse or civil partner of the person,

(b)an ancestor in the direct line of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(c)a descendant in the direct line of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(d)a brother of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(e)a sister of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(f)an aunt of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(g)an uncle of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(h)a nephew of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(i)a niece of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner,

(j)a first cousin of—

(i)the person,

(ii)the person’s spouse, or

(iii)the person’s civil partner.

(6)Subsection (5) is to be read as if it did not contain any references (however expressed) to the spouse or civil partner of a person if the person’s spouse or (as the case may be) civil partner—

(a)is permanently separated (either by agreement or under an order of a court) from the person, or

(b)has deserted, or has been deserted by, the person and the desertion continues.

(7)For the purposes of the definition of “relative” in subsection (5)—

(a)a relationship of the half-blood is to be treated as a relationship of the whole blood, and

(b)references to the spouse of the person (“the deceased”) include references to a person who immediately before the deceased’s death was living with the deceased as if they were married to each other and had been so living for a period of at least 6 months (or if the deceased was in hospital immediately before death had been so living for such period when the deceased was admitted to hospital).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources