PART 1Burial

Burial grounds

6Management of burial ground

1

The Scottish Ministers may by regulations make provision for or in connection with the management, regulation and control by a burial authority of burial grounds.

2

Regulations under subsection (1) may in particular make provision for or in connection with—

a

the maintenance of—

i

burial grounds, and

ii

buildings, walls, fences or other structures erected on burial grounds,

b

enclosing, laying out and embellishing burial grounds,

c

access to and within burial grounds, including the construction, repair, maintenance and improvement of roads and paths,

d

the maintenance and repair of memorials, buildings and other structures on burial grounds (including for the purpose of making them safe),

e

the charging of fees by burial authorities which are local authorities in respect of such matters as may be specified in the regulations,

f

persons employed by burial authorities (including in relation to training, qualifications and membership of professional bodies),

g

conditions relating to the erection of a memorial, building or other structure on burial grounds,

h

the imposition by burial authorities of such restrictions and conditions as they think necessary or appropriate in relation to—

i

the layout of burial grounds (including in relation to the size of, and distance between, lairs),

ii

the right to erect a memorial, building or other structure on burial grounds (including in relation to materials, construction, size, maintenance and liability for costs in respect of work carried out by burial authorities),

i

the depth at which human remains may be buried,

j

the designation of part of a burial ground for use by particular faiths or religious bodies,

k

the provision of buildings for the use of persons of particular faiths or belonging to particular religious bodies,

l

creating criminal offences to be triable summarily and punishable by a fine not exceeding level 3 on the standard scale, or

m

defences and evidential matters relating to such offences.