Explanatory Notes

Burial and Cremation (Scotland) Act 2016

2016 asp 20

28 April 2016

Commentary on Sections

Part 1 – Burial

Lair: restoration to use

Section 41 – Headstones

113.This section applies in cases where a burial authority has exhumed remains under section 37, 38 or 40 and there is a headstone or other memorial in place on the lair.

114.Subsection (2) requires the burial authority to take all reasonable steps to ensure that the headstone can be retained in place, unless it is not practical to do so.