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Burial and Cremation (Scotland) Act 2016

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This is the original version (as it was originally enacted).

39Right-holder’s right to object

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a burial authority proposes to restore a lair to use in pursuance of section 32, and

(b)at any time before the authority sells a right of burial in the lair by virtue of section 36(4) the right-holder objects to the authority’s proposal to restore the lair to use.

(2)The burial authority may not proceed with its proposal.

(3)If by virtue of section 36(4) the burial authority has extinguished the right-holder’s right of burial in the lair, the burial authority must confer a right of burial in the lair on the right-holder.

(4)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.

(5)In this section, “right-holder” includes a person whose right of burial in the lair has been extinguished by virtue of section 36(4).

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