EAST RENFREWSHIRE COUNCIL
MANAGEMENT RULES
CEMETERIES AND BURIAL GROUNDS
East Renfrewshire Council by virtue of the powers conferred by the Civic Government
(Scotland) Act 1982 and of all other powers authorising or empowering them in that behalf do
hereby make the following Management Rules for the regulation of all cemeteries and burial
grounds under the control of East Renfrewshire Council.
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INTERPRETATION
Throughout these Management Rules:(a)
"The Council" means East Renfrewshire Council, constituted in terms of the
Local Government etc. (Scotland) Act 1994 and having its Headquarters at
Council Offices, Rouken Glen Road, Giffnock, G46 6UG, and its statutory
successors;
(b)
“Cemetery”, “Churchyard” and “Burial Grounds” are any area of ground within
East Renfrewshire acquired for, already or to be in use as a churchyard,
cemetery or burial ground which have been, are or shall be managed,
regulated and controlled by the Council under the Burial Grounds (Scotland)
Act 1855, the Church of Scotland (Property and Endowments) Acts 1925 and
1933 and any legislation amending or repealing the same;
(c)
"Authorised Officer" means the Council officer from time to time duly
authorised by the Council to have responsibility for the management of
cemeteries in East Renfrewshire or any officer of the Council acting on behalf
of the Authorised Officer.
(d)
“Lair” is the piece of ground within a particular Cemetery or Burial Ground in
which the exclusive right of burial is granted by the Lair Certificate.
(e)
“Lair Certificate” is the Certificate of Right of Burial granted by The East
Renfrewshire Council, or by their statutory predecessors.
(f)
“Lair holder” is the individual (or in the case of Trustees or Executors) the
individuals in whose name the Lair Certificate is issued.
(g)
“Register” means the Register of Lairs and Lair Holders retained by the Burial
Grounds Clerk.
(h)
The provision of the Interpretation Act 1978 shall apply to the interpretation of
these Management Rules as they apply to the interpretation of an Act of
Parliament.
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SALE AND ALLOCATION OF LAIRS
(a)
Lairs will only be sold when an interment is imminent and is being arranged.
Lairs will be sold on payment of the appropriate charges as published by the
Council from time to time, a copy of which is available for public inspection at
the Council's cemetery office (“the table of fees and charges”). A person may
purchase more than one lair, up to a maximum of 3 lairs, for the purpose of
having adjacent lairs for family use;
(b)
Lairs will be allocated in rotation at the discretion of the Authorised Officer.
(c)
Only such lairs as are numbered on the cemetery plans shall be allocated.
EXCLUSIVE RIGHT OF BURIAL
(a)
Subject to these rules and on payment to the Council of the relevant charge
the purchaser of a lair and his or her successors shall acquire the exclusive
right to determine who shall be buried in the lair. The Authorised Officer shall
provide the purchaser with a lair certificate detailing the lair number. A lair
holder duly registered in the books of the Council shall have the sole right of
permitting the lair to be opened and the production of the lair certificate shall
be held as sufficient authority for such opening. Lair holders are not entitled
to assign or convey the exclusive right of burial in such a way that two or more
persons shall be joint holders of said right. Only one person shall be
registered as the holder of a lair or lairs except in cases of trustees. The
owner of a Lair or Lairs is not permitted to sell same except to the Council at
the same price as paid by the lair holder to the Council. No lair holder shall be
entitled to transfer any or all of his or her lairs during their lifetime without the
Council's approval in writing. Notwithstanding this, a lair holder shall be
permitted to bequeath the lair to any one natural person. However, if a lair
holder bequeaths the lair to more than one person the bequest shall be
disregarded and the rules as to succession in paragraph (c) below shall apply.
(b)
On the death of the lair holder his or her successor, as ascertained in
accordance with paragraph (c) below shall be entitled on producing sufficient
evidence of his or her right, to be registered as lair holder in the Council's
books. In such cases a Memorandum of Entry may be endorsed on the
original lair certificate or a new certificate issued, but a new lair certificate shall
not be issued until the original one is surrendered to the Council or accounted
for satisfactorily or said successor provides the Council with a written
indemnity against any claim which might arise out of the opening of the lair.
(c)
If a lair holder dies and has made no valid bequest of the lair, the lair shall
devolve on the lair holder's successors in the following order:- To the widow or
widower of the lair holder, whom failing to his or her children, whom failing to
the lair holder's grandchildren, whom failing to remoter descendants in order
of descent, whom failing to ascendants in order of ascent, whom failing to
collaterals and their ascendants and descendants in similar fashion. The
party succeeding in the event of their being more than one party in class of
relatives shall be the eldest in each case and the nearer of the classes shall
take precedence over the remoter. Adopted children shall succeed in all
respects in the same manner as natural children.
(d)
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The Council shall not be responsible for any misunderstanding or error in the
acceptance in good faith of any person’s claim to be the legal lair holder or to
have the right of burial in a lair, even if it is subsequently ascertained that such
a claim is unfounded.
FORFEITURE
If there is no interment in or transfer of a vacant lair for a period of forty years, the
Council may order forfeiture of the right of burial therein after carrying out the following
procedure. Notice of intention to order such forfeiture shall be advertised twice in one
national newspaper and one local newspaper and a period of six months allowed to
elapse whereupon, failing any claimant, the Council may declare such right of burial to
be forfeited and dispose of the lair anew.
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INTERMENT ARRANGEMENTS - NOTICE OF BURIAL
(a)
All interments must be authorised by the Council prior to funeral arrangements
being publicly announced or arranged.
(b)
Notice of interment must be given to the Council's cemetery office as early as
possible and not less than two clear working days excluding Saturdays,
Sundays and Public Holidays before any proposed interment except (a) where
religious strictures specify burial within twenty four hours of the time of death
(when notice must be given no later than 10.00am of a burial to take place
that day within the Council’s working hours) or (b) where shorter notice is
accepted, at the sole discretion of the Council, in exceptional circumstances.
Such notice shall state the name, address, age, date and place of death of the
deceased, the deceased's relationship to the lair holder, the deceased's
normal place of residence at the time of death, the day and hour of the
interment and any other information deemed necessary by the Council from
time to time. No order for the digging of the lair will be given until the Lair
Register is checked and all necessary information is submitted and verified.
(c)
No lair holder shall be entitled to have the ground opened to a greater depth
than 2.2 metres and no further interment shall be made without there being at
least 900millimetres of soil between the ordinary surface of the ground and the
upper side of the coffin. No more than three adult coffins shall be interred
therein. Cremated remains may also be interred in a lair at the discretion of
the Authorised Officer. The digging of graves and the preparation for the
laying of foundations for monuments shall be carried out only by persons
authorised by the Council.
(d)
The Council shall keep registers in which there shall be entered every
interment. The entry for each interment shall specify the lair number, the
depth of the grave, the date of interment, the name and age of the person
buried and all other requisite particulars.
(e)
A plan of the cemetery and a table of interment fees and other charges as
agreed by the Council from time to time shall be kept at the Council's
cemetery office. All fees and charges in connection with interments, lair
certificates, etc. shall be acknowledged on official printed receipt forms.
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(f)
The funeral director shall be responsible for providing sufficient bearers to
convey the coffin reverently from the hearse to the graveside and lower it into
the grave. If persons acting on behalf of the Council are asked to assist in
these activities neither they nor the Council shall be held responsible for any
damage caused.
(g)
A closed coffin or casket must be used for all interments. The opening of any
coffin or casket in the cemetery is prohibited unless the Authorised Officer has
granted the lair holder written permission to do so and on such terms and
conditions as the Authorised Officer may require. Nothing in this Section shall
affect a lawful disinterment.
AREAS FOR THE INTERMENT OF CREMATED REMAINS
(a)
Designated areas for the interment of cremated remains will be provided in
some cemeteries. Each lair for this purpose shall be one square metre and
be capable of holding up to six sets of cremated remains. The exclusive right
to determine whose ashes shall be interred in such a lair shall be sold to the
purchaser of the lair space along with the right to erect a memorial headstone.
The maximum permitted dimensions of any memorial headstone when
erected and including any plinth, base or other mounting shall be; height
1150mm, depth 450mm and width 75mm less than the width of the lair. The
lair holder or his agent may apply to the Council for approval of a memorial
taller than 1150mm and/or deeper than 450mm by completing an application
form and submitting it to the Council’s Environment Department. The base of
the memorial may contain a flower vase holder. No other form of memorial or
vase shall be allowed on the lair space. No planting of any trees or flowers or
vegetation of any kind shall be allowed on the lair space. Also, no fencing or
walls or boundary features of any kind shall be erected on or surrounding the
lair space. The exclusive right to determine whose ashes shall be interred in
such a lair shall be sold subject to these rules and in particular the provisions
of rule 3 above.
(b)
Application for the interment of cremated remains must be made in
accordance with rule 5 above.
(c)
Cremated remains shall not be scattered in any part of a cemetery.
MEMORIALS
(a)
The erection of memorials will be permitted only on purchased lairs. A lair
holder shall be entitled to have a memorial erected but such memorials shall
not protrude in any way over that part of the lair opened or to be opened for
burial and shall be restricted to at least 75mm less in width than the width of
the lair. The maximum permitted dimensions of any memorial headstone
when erected and including any plinth, base or other mounting shall be; height
1150mm, depth 450mm and width 75mm less than the width of the lair. The
lair holder or his agent may apply to the Council for approval of a memorial
taller than 1150mm and/or deeper than 450mm by completing an application
form and submitting it to the Council’s Environment Department. The Council
will then decide, at its sole discretion, whether a memorial taller than 1150mm
will be permitted, where appropriate, taking into account the location of the lair
and surrounding memorials.
The maximum allowable height in these
circumstances is 1350mm. The placing of wooden crosses, kerbstones,
footstones, copes, railings, fences, gravel, corner stones etc. or any other
object on the lair space shall not be permitted. The grassed area or surface of
any lair must be kept clear at all times, in particular, the planting of any trees
or flowers or vegetation of any kind shall not be allowed on or at the lair
space. Also, no fencing, walls or boundary features of any kind shall be
erected on or surrounding the lair space. Only one flower vase shall be
allowed on each lair and such vase shall be placed in the space provided at
the head of each lair i.e. the crown head or on the base of the memorial and
under no circumstances on the grassed area of the lair. The Council shall not
be responsible for any loss or damage to such vase. Glass or pottery
containers shall not be allowed.
(b)
The lair holder shall keep the memorial in a proper state of repair, of which the
Authorised Officer shall be the sole judge.
Failing attention to this
requirement within 21 days after written notice to the lair holder at their last
known address or after the date of a Public Notice in a newspaper circulating
in the area of the cemetery (the choice being at the Council’s sole discretion)
the Council shall be entitled at the lair holder’s expense to either repair the
memorial or have it removed and until the cost of such repair or removal is
paid the right to use the lair shall be withheld. If the said damaged and/or
dilapidated Memorials are not paid for and claimed within one year from the
date of removal the Authorised Officer will have power to dispose of the same
as he sees fit. No planting of any nature (including trees, shrubs, bulbs,
herbaceous and annual plants etc.) shall take place on a lair.
(c)
Foundations for all memorials shall be constructed in accordance with such
recommendations as may be formulated from time to time by the National
Association of Monumental Masons or its successors, a copy of which will be
available for public inspection at the Council’s cemetery office. Memorials
may only be erected by Memorial Masons. By 31 January 2011 all Memorial
Masons who wish to work in the Council’s cemeteries will require to obtain an
appropriate qualification approved by the Council to be permitted to practice
within the Council’s cemeteries. In addition, the company or individual must
maintain at all times registration of the Scottish register of Accredited
Memorial Erectors (SrAME) (or other nationally recognised Memorial Masons
registration scheme) and evidence of registration shall be exhibited to the
Council on request.
(d)
An application for the erection of a memorial or additional inscription on a
memorial must be submitted in writing to the Authorised Officer and must
include (a) a plan or sketch of same clearly showing the dimensions and
indicating the type of material to be used and (b) details of the proposed
[additional] inscription and a copy of the lair certificate. The Authorised Officer
shall only approve an application for the erection of a memorial if the proposed
memorial complies with the requirements of this rule and paragraph (a) above.
(e)
The lair holder shall be responsible for any damage to any memorial on the
lair other than damage caused by the Council, or their employees or agents.
The lair holder shall free and relieve the Council of any liability arising in
connection with damage caused by any memorial on the lair.
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(f)
The section and number of the lair must be cut plainly upon the side of the
memorial at the expense of the person erecting the memorial.
(g)
No memorial or part thereof shall be removed from a cemetery without prior
notification to the Council.
(h)
If in consequence of a proposed internment a monument or other erection is
required to be moved, the expenses of doing so will be payable to the Council
in addition to the usual fees.
(i)
No work or operation of any kind shall be permitted on a lair without the
approval of the Authorised Officer who must be satisfied that the lair holder's
authority has been obtained before the work or operation commences.
GENERAL
(a)
A cemetery shall be open to the public during such hours as may be agreed
by the Council from time to time and intimated by notices displayed at or near
the principal entrances. The Council may by notice placed at or near the
place to which it refers close any part of the cemetery for such period of time
as they consider necessary.
(b)
No person shall enter or leave any cemetery except by the entrance and exits
provided for that purpose.
(c)
No person shall enter or wilfully remain in a cemetery without a reasonable
reason to be there of which the Authorised Officer shall be sole judge and
except during the hours it is open to the public.
(d)
No person shall:(i)
allow any dog belonging to him or in his charge to enter into any area
of a cemetery where dogs are specifically prohibited. Such prohibited
areas will be notified to the public by a notice erected at or near the
prohibited area;
(ii)
allow any dog belonging to him or in his charge to foul in any cemetery
unless he immediately uplifts said fouling and removes it from the
Cemetery, places it in a receptacle approved or provided by the
Council or removes it from the cemetery;
(iii)
allow a dog belonging to him or in his charge to be in a cemetery
without being under his control on a short lead of no longer than
1.2 metres;
(iv)
allow a dog belonging to him or in his charge to be a persistent
nuisance to any other person or dog in the cemetery. The Council’s
Warden or Authorised Officer will be the sole judge as to whether any
such dog is a persistent nuisance in his or her opinion;
(v)
in the opinion of the Council’s Warden or any Authorised Officer be
allowed to contravene any terms of legislation in force from time to
time in respect of the ownership, control or behaviour of any dog (or
any other animal if consent has been granted for it to enter the
cemetery) such as the Dog Fouling (Scotland) Act 2003 or the
Dangerous Dogs Act 1991.
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(e)
Memorial wreaths or flowers shall be removed from lairs by the Council at the
discretion of the Authorised Officer.
(f)
Any person or organisation who, having obtained prior written permission from
the Authorised Officer to carry out specific works in a cemetery, causes
damage to any ground, planting, trees, shrubs, wall, fence, railing, monument,
fountain, statue, building or other structure shall be liable for the full cost of the
repair or, at the Authorised Officer's sole discretion, the reinstatement of the
item damaged to the Authorised Officer’s reasonable satisfaction.
VEHICLES
Car parking facilities provided by the Council for the convenience of patrons shall only
be available to patrons during such times as they are using the facilities of the cemetery.
Under no circumstances shall cars be parked on grassed areas or on lairs. Whilst
vehicles are in the cemetery grounds the directions of the Authorised Officer or the
cemetery keeper must be followed and all vehicles within the cemetery grounds must be
driven at a reasonable speed and with due care and attention. The Council shall not be
responsible for any damage to or theft from vehicles or other property left in the car
parking facilities however such damage or theft may be caused. Vehicles conveying
memorials or goods into the cemetery grounds will be allowed access only with the
consent of the Authorised Officer or cemetery keeper. The person or persons in charge
of such a vehicle must comply with the directions of the Authorised Officer or cemetery
keeper as to the route to be followed within the grounds.
Cycling, skateboarding, roller blading or any similar activities are prohibited within any
cemetery or church yard. Any person contravening the foregoing shall be liable to the
Council for any and all damage, injury or the like which is occasioned thereby
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PREVENTION OF NUISANCE
No persons shall whilst in a cemetery or church yard:(a)
Use any profane, sectarian, racist, sexist or offensive language or behave in
an offensive, disorderly or insulting manner;
(b)
Enter or remain in the cemetery or church yard whilst they are, in the opinion
of the Authorised Officer, in a state of intoxication through alcohol or drugs;
(c)
Wilfully or carelessly obstruct, disturb or interrupt any officer or employee of
the Council in the exercise of their duties or in the execution or any work
associated therewith;
(d)
Wilfully or improperly interfere with any other person using the facilities
provided by the Council or behave in such a manner as to endanger their own
or other persons safety;
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(e)
Cause any sound to be emitted on a radio, tape, CD or other media player or
any other equipment to the annoyance of any other person using the facilities
provided by the Council;
(f)
Disobey any instructions given by any member of the Council's staff to ensure
the safety and comfort of all persons using the cemeteries;
(g)
Bring into a cemetery any object or objects considered dangerous or offensive
in the opinion of any member of the cemetery staff;
(h)
Climb any tree, shrub, wall, fence, railing, monument, fountain, statue, building
or other structure;
(i)
Enter or use any toilet or use any of the facilities reserved or appropriated by
the Council for use by the opposite sex, provided that nothing in this rule shall
prevent a child under 8 years of age from using facilities provided for the
opposite sex whilst accompanied by an adult of that sex;
(j)
Wilfully or carelessly break, damage, deface, disfigure, tamper with or
improperly soil any tree, shrub, wall, fence, railing, monument, fountain,
statue, building or other structure or property;
(k)
Wilfully or carelessly damage, destroy or improperly soil any article supplied
for use by the Council;
(l)
Retain or remove any article supplied for use by the Council after the purpose
for which the same was issued has been served;
(m)
Erect or display any poster, sign or advertisement of any kind without the prior
written consent of the Council.
MANAGEMENT RULES NOT TO AFFECT EMPLOYEES IN THE PERFORMANCE OF
THEIR DUTIES.
Any act necessary to the proper execution of his/her duty in the cemetery by the
manager or by any person employed by the Council shall not be deemed an offence
against these management rules
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ARBITRATION
Without prejudice to the right of any authorised officer of the Council to ask a person to
leave a cemetery, burial ground or churchyard, or expel or exclude that person from any
cemetery, burial ground or churchyard in terms of these Rules, any difference or dispute
arising as to the true intent, meaning or interpretation of these Rules shall be taken up
and disposed of by the Council's Director of Central Services or other person appointed
by him to do so. The Authorised officer and any other party disputing the matter shall be
invited to make oral or written submissions which shall be considered in reaching a
decision and the decision of said officer or person so appointed shall be final.
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ALTERATION OF RULES
The Council shall be entitled to alter these rules or any part of them from time to time as
they see fit and make and enforce such other rules as they consider necessary for the
proper or better management of the cemeteries.
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PREVIOUS MANAGEMENT RULES
Any existing Management Rules as made by the former Renfrew District Council,
Eastwood District Council or Strathclyde Regional Council as may affect the District of
East Renfrewshire are hereby revoked.
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EXPULSION OR EXCLUSION FOR BREACH OF MANAGEMENT RULES
(a)
If the Authorised Officer of the Council has reasonable grounds for believing
that a person has contravened, is contravening or is about to contravene any
of these rules he may expel that person from the cemetery or church yard;
(b)
If the Authorised Officer of the Council has reasonable grounds for believing
that a person is about to contravene any of these rules he may exclude that
person from the cemetery or church yard;
EXCLUSION ORDERS
In terms of Section 117 of the Civic Government (Scotland) Act 1982 the Council may
decide that a person who has persistently contravened or attempted to contravene these
management rules and is, in their opinion, likely to contravene them again shall be
made subject to an Exclusion Order. This decision will only be implemented after
having given the person an opportunity to make written or oral representations to the
Council. An Exclusion Order shall have effect for such a period not exceeding one year
as the Council may determine and the Council may at any time reduce that period or
revoke an Exclusion Order made by them.
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OFFENCES
In terms of Section 118 of the Civic Government (Scotland) Act 1982, any person who:(i)
on being required to leave any cemetery, burial ground or churchyard by the
Authorised Officer of the Council who has reasonable grounds for believing that
the person has contravened, is contravening, or is about to contravene any of
these rules fails to leave; or
(ii)
on being informed by the Authorised Officer who has reasonable grounds for
believing that the person is about to contravene any of these rules that he is
excluded from any cemetery, burial ground or churchyard, enters or attempts to
enter the cemetery or church yard; or
(iii) being a person subject to an Exclusion Order under Management Rule 16
above, enters or attempts to enter any cemetery or church yard to which the
Exclusion Order relates;.
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding
level 1, presently £200.
Made by the East Renfrewshire Council on the Ninth day of December, Two thousand
and Nine.
Solicitor to the Council and Authorised Signatory