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Changes over time for: Section 37
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Burial and Cremation (Scotland) Act 2016, Section 37.
Changes to Legislation
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Prospective
37Restoration to useS
This section has no associated Explanatory Notes
(1)This section applies where under section 36(4) a burial authority has extinguished the right-holder's right of burial in a lair.
(2)The burial authority must establish whether it would be practicable for the authority to make the lair available for burials.
(3)For the purposes of subsection (2), the authority may—
(a)carry out excavations of the lair,
(b)open or move any tomb or other structure that is in or on the lair,
(c)exhume any human remains that are buried in the lair.
(4)Before selling a right of burial in the lair, the burial authority must exhume any human remains that are buried in the lair.
(5)If the authority exhumes any human remains under subsection (3) or (4), it must rebury them in the lair as soon as practicable after their exhumation.
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