Law Commission consultation on burial and cremation

See paragraph 4.66 of the consultation paper.

We provisionally propose that, in relation to all cemeteries:

1. it should be a requirement for all burial rights, both exclusive and non-exclusive, and memorial rights, to be issued in writing;
2. where this requirement is not met on the grant of a burial right, the purchaser should be able to request that their burial right is made out in writing, and that where the operator does not comply within a month the Secretary of State should have the power to issue a civil penalty; and
3. that where a burial right has not been issued in writing, there should be a presumption that the right is a statutory exclusive burial right. 

Do consultees agree?

See paragraph 4.73 of the consultation paper.

We invite consultees’ views as to whether an optional scheme of statutory exclusive burial rights should be introduced for private cemeteries which are not already governed by their own Act of Parliament.

If consultees support the introduction of an optional scheme of statutory exclusive burial rights, we invite consultees’ views on the following.

1. Should the right be able to be assigned by deed or inherited?
2. Should the right have a maximum duration of 100 years, subject to extension at the discretion of the cemetery operator?
3. Should there be any other features of such a scheme?

See paragraph 4.86 of the consultation paper.

We provisionally propose that:

1. in its cemetery, a local authority should have the power to grant a memorial right to any relative of a person buried in a grave if no memorial has been placed on the grave two years after the burial; and
2. if there is a dispute between different relatives, or between the relatives and the owner of the exclusive burial right, a local authority should only have the power to grant the right to a neutral memorial displaying the name of the deceased person and their dates of birth and death.

Do consultees agree?

See paragraph 4.118 of the consultation paper.

We provisionally propose that a local authority should be permitted to maintain a tombstone, memorial or vault without the consent of its owner, if they have served notice on the owner at their last address known to the authority, and the owner has not objected within three months of such notice being served. 

Do consultees agree?