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Burial and Cremation (Scotland) Act 2016

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This is the original version (as it was originally enacted).

36Extinguishment of right

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a burial authority gives notice to the right-holder under section 33(2) and the conditions in subsection (2) are met, or

(b)a burial authority gives notice under section 34(2) and one of the conditions in subsection (3) is met.

(2)The conditions are that—

(a)the authority has received notice by virtue of section 33(3)(b) of the right-holder’s consent to the proposal, and

(b)the right-holder agrees to the proposed extinguishment of the right-holder’s right of burial.

(3)The conditions are that—

(a)the authority has not received an objection by virtue of section 34(3)(c), or

(b)the authority has received an objection by virtue of that section but has determined under section 35(3) that there is no merit in it.

(4)The authority must—

(a)extinguish the right-holder’s right of burial in the lair, and

(b)give notice of the extinguishment in the prescribed form and the prescribed manner.

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