PART 1Burial
Burial in burial ground
13Duty to sell right of burial
1
Where an application under section 12(1) satisfies the conditions in subsection (2) or (3), the burial authority to which the application is made must grant the application and sell a right of burial to the person making the application (the “applicant”).
2
The conditions are that—
a
the application is made to a burial authority that is a local authority,
b
the application discloses that the applicant intends the lair to be used to bury the remains of a person who, at the time the application is made, has died, and
c
immediately before the person's death, the person was ordinarily resident in the area of the local authority mentioned in paragraph (a).
3
The conditions are that—
a
the application is made to a burial authority that is a local authority,
b
the application discloses that the applicant intends the lair to be used to bury the remains of—
i
a still-born child, or
ii
a fetus mentioned in subsection (4), and
c
the applicant is ordinarily resident in the area of the local authority mentioned in paragraph (a).
4
The fetus is one which—
a
is parted from a woman before or on completion of the 24th week of the woman's pregnancy, and
b
after being so parted, does not breathe or show any other signs of life.
5
In subsection (3)(b)(i), “still-born child” has the meaning given by section 56(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965.