Burial and Cremation (Scotland) Act 2016

37Restoration to use

This section has no associated Explanatory Notes

(1)This section applies where under section 36(4) a burial authority has extinguished the right-holder’s right of burial in a lair.

(2)The burial authority must establish whether it would be practicable for the authority to make the lair available for burials.

(3)For the purposes of subsection (2), the 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,

(c)exhume any human remains that are buried in the lair.

(4)Before selling a right of burial in the lair, the burial authority must exhume any human remains that are buried in the lair.

(5)If the authority exhumes any human remains under subsection (3) or (4), it must rebury them in the lair as soon as practicable after their exhumation.