Burial and Cremation (Scotland) Act 2016

35 Section 34: effect of objection

(1) This section applies where, before the expiry of any period prescribed by virtue of section 34(3)(c), a person objects to a burial authority’s proposal to restore a lair to use.

(2) If the person is the right-holder or a relative of a person whose remains are buried in the lair—

(a) the authority may not proceed with its proposal, and

(b) section 32 does not apply in relation to the lair for the period of 10 years beginning with the day on which the authority receives the objection.

(3) If the person is not the right-holder or a relative of a person whose remains are buried in the lair, the authority must determine before the expiry of the prescribed period whether there is merit in the objection.

(4) If the authority determines that there is merit in the objection—

(a) the authority may not proceed with its proposal, and

(b) section 32 does not apply in relation to the lair for the period of 10 years beginning with the day on which the authority makes its determination.

(5) In this section, “relative”, in relation to a person, means—

(a) the spouse or civil partner of the person,

(b) an ancestor in the direct line of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(c) a descendant in the direct line of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(d) a brother of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(e) a sister of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(f) an aunt of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(g) an uncle of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(h) a nephew of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(i) a niece of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner,

(j) a first cousin of—

(i) the person,

(ii) the person’s spouse, or

(iii) the person’s civil partner.

(6) Subsection (5) is to be read as if it did not contain any references (however expressed) to the spouse or civil partner of a person if the person’s spouse or (as the case may be) civil partner—

(a) is permanently separated (either by agreement or under an order of a court) from the person, or

(b) has deserted, or has been deserted by, the person and the desertion continues.

(7) For the purposes of the definition of “relative” in subsection (5)—

(a) a relationship of the half-blood is to be treated as a relationship of the whole blood, and

(b) references to the spouse of the person (“the deceased”) include references to a person who immediately before the deceased’s death was living with the deceased as if they were married to each other and had been so living for a period of at least 6 months (or if the deceased was in hospital immediately before death had been so living for such period when the deceased was admitted to hospital).