Burial and Cremation (Scotland) Act 2016 Explanatory Notes

Burial and Cremation (Scotland) Act 2016

2016 asp 20

Commentary on Sections

Part 1 – Burial

Burial grounds

Section 5 – Joint provision of burial ground

14. Subsection (1) allows two or more local authority burial authorities to provide a burial ground jointly. The burial ground may be located entirely within the area of one or more of those local authority areas. Where that is the case the local authority within whose area the burial ground is located is deemed to have met its duty under section 3(1)(a) to provide at least one burial ground within its area.

15. Any functions exercisable under or by virtue of this Act or any other enactment by a burial authority in relation to a burial ground must be carried out jointly by all local authorities who are providing the burial ground, and in accordance with any arrangements that may be made between those local authorities in relation to the burial grounds.

16. The effect of this is that all local authorities providing a burial ground jointly are jointly responsible for that burial ground. However, the management arrangements for the burial ground can be agreed between the local authorities, which may result in management being undertaken by a single local authority.

17. Subsection (5) provides that this section does not apply to burial grounds that are closed (as mentioned in section 1(b)).