Burial and Cremation (Scotland) Act 2016

16 Right of burial: notification of pending extinguishment

(1) Subsection (2) applies where—

(a) a right of burial falls to be extinguished by virtue of section 14(2) or (5), and

(b) the burial authority that sold the right—

(i) is aware of the name and address of the right-holder, or

(ii) can, after reasonable enquiry, ascertain them.

(2) At least 3 months before the day on which the right of burial falls to be extinguished, the burial authority must notify the right-holder—

(a) of the date on which the right falls to be extinguished,

(b) of the right-holder’s right to apply for an extension of the right under section 14(3),

(c) that, where no such application is made, the right will be extinguished, and

(d) that the right will be extinguished if such an application is refused under section 14(6).

(3) In this section, “right-holder”, in relation to a lair, means the person in whom the right of burial in the lair is vested.