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Burial and Cremation (Scotland) Act 2016

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24Private burial: offencesS

This section has no associated Explanatory Notes

(1)A person commits an offence if the person contravenes section 22(3) by knowingly carrying out a private burial that is not authorised by the relevant local authority.

(2)A person commits an offence if, without reasonable excuse, the person fails to comply with the requirement imposed by section 22(4).

(3)A person commits an offence if the person—

(a)provides information in, or in connection with, an application made by virtue of regulations under section 22 which the person knows to be false or misleading in a material way, or

(b)recklessly provides information in, or in connection with, such an application which is false or misleading in a material way.

(4)A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 3 on the standard scale or to both.

(5)A person who commits an offence under subsection (2) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)In subsection (1), “relevant local authority” is to be construed in accordance with section 22(6).

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