East Ayrshire Council Bereavement Services Information Booklet Quality | Equality | Access | Partnership and Management Rules for Cemeteries 2 ISSUE 2 - August 2011 Contents Bereavement Services ................................................................4 • Cemetery Maintenance ............................................................5 • Cemeteries & Churchyards........................................................6 • Frequently Asked Questions ......................................................9 • Web Links ............................................................................16 Memorials ..............................................................................17 • Memorial Safety ....................................................................18 • Cemetery Safety Squad ..........................................................20 • Memorial Safety Frequently Asked Questions ............................21 Management Rules for Cemeteries..............................................23 Bereavement Services Contact Details ........................................34 3 Bereavement Services East Ayrshire Council understands that the bereavement process is a traumatic time for families and we aim to provide support in a caring, professional and sensitive manner at this time. We have endeavoured to assist with this process by including useful contact details (web links, page 16) for those that are affected by the loss of a loved one or a friend. This information booklet is designed to assist you in accessing the Bereavement Services of East Ayrshire Council. The Bereavement Services Section operates as part of the Outdoor Amenities Section of the Neighbourhood Services Department. East Ayrshire Council is responsible for: • 23 Operational Cemeteries • 3 Closed Cemeteries • 9 Operational Churchyards • 10 Closed Churchyards A total of 45 Cemeteries and Churchyards. The Bereavement Services Section is based at our Western Road offices in Kilmarnock and contact details are contained within the pages of this booklet. The Authority is a member of the following professional organisations: • Institute of Cemetery and Cremation Management (ICCM) • British Register of Accredited Memorial Masons (BRAMM) • National Association of Memorial Masons (NAMM) Contact details of these organisations can be found on page 19 of this booklet. 4 Cemetery Maintenance East Ayrshire Council’s Cemeteries and Churchyards are maintained to the standards set out in our Service Level Agreement (SLA). Maintenance within Cemeteries includes grass cutting, litter collection, interments, re-instatement, shrub beds, flower beds, trees and bothy maintenance. Grass is cut regularly throughout the months of April to September inclusive, weather permitting. Litter is collected weekly or when required. Staff also plant-out and maintain soil borders and flower beds/shrub beds as required, which includes weeding, feeding and pruning. Litter bins are located throughout our Cemeteries and Churchyards and are emptied regularly. Cemeteries are maintained by staff from the Outdoor Amenities Section. All enquiries regarding Cemetery Grounds Maintenance should be made in the first instance to Bereavement Services (details below). Telephone - 01563 554775/6 Fax - 01563 554777 Email: [email protected] www.east-ayrshire.gov.uk/comser/outdoorservices/cems_home.asp 5 Cemeteries & Churchyards Cemeteries Churchyards Records Start Auchinleck (New) Main Street Auchinleck Auchinleck (Old) Church Hill Auchinleck 21/12/1874 to 30/12/1918 21/02/1926 to 10/09/1976 24/01/1944 Catrine Newton Street Catrine Catrine Chapel Brae Catrine (CLOSED) 11/10/1906 Cumnock (New) Glaisnock Road Cumnock (Baby Section) 08/03/1899 Cumnock Barrhill Barrhill Road Cumnock (CLOSED) No records Dalmellington (New) Church Hill Dalmellington 12/04/1890 Dalmellington (Old) Off High Main Street Dalmellington (CLOSED) No records Dalrymple (New) Church Street Dalrymple Dalrymple Church Street Dalrymple Drongan Littlemill Road Drongan 6 12/01/1876 08/04/1964 Mauchline Barskimming Road Mauchline Mauchline Loudoun Street Mauchline (CLOSED) 06/02/1882 Muirkirk Glasgow Road Muirkirk Muirkirk Church Road Muirkirk 07/10/1879 Cemeteries Churchyards Records Start New Cumnock Afton Road New Cumnock New Cumnock The Castle, Main Street New Cumnock 14/08/1889 Ochiltree (New) Mauchline Road Ochiltree 10/01/1905 Ochiltree (Old) Mill Street Ochiltree (CLOSED) No records Patna Fullerton Place Patna Patna Churchyard Main Street Patna (CLOSED) 05/08/1873 Sorn Main Street Sorn Sorn Main Street Sorn 20/08/1955 Stair (New) Churchyard Stair Stair Churchyard Stair 28/10/1884 Darvel (New) Manse Brae Darvel Dunlop Main Road Dunlop 02/04/1892 Darvel (Old) Causeway Road Darvel No records Dunlop Main Road Dunlop 08/07/1886 7 Cemeteries Churchyards Records Start Fenwick Skernieland Road Fenwick Fenwick Kirkton Road Fenwick (CLOSED) 14/03/1899 Galston Cemetery Road Galston Galston Cross Street Galston 13/07/1876 Loudoun Kirk Off Glasgow Road Galston (CLOSED) No records Laigh Kirk John Dickie Street Kilmarnock (CLOSED) No records St Andrews Church St Andrews Street Kilmarnock (CLOSED) 09/09/1875 Riccarton Hurlford Road Kilmarnock Riccarton Old Street Kilmarnock (CLOSED) 25/10/1876 Kilmaurs Kirkton Road Kilmaurs Kilmaurs Kirkton Road Kilmaurs 1878 Newmilns Dalwhatswood Road Newmilns Newmilns Loudoun Road Newmilns (CLOSED) 22/02/1887 Stewarton Dalry Road Stewarton Stewarton St Columbus Lainshaw Street Stewarton (CLOSED) 10/12/1907 (Meadow/Woodland burial site) Kilmarnock Grassyards Road Kilmarnock (Baby Section) 8 Frequently Asked Questions East Ayrshire Council receives many enquiries relating to cemeteries and churchyards. Generally, there are several standard points raised so we have attempted to answer the most common questions. Should you have additional enquiries/questions, please do not hesitate to contact the Bereavement Services Office or visit the Council website Q1 Who Maintains the Cemeteries and Churchyards? The Service is Maintained by the Outdoor Amenities Section. Q2 How many Cemeteries are there in East Ayrshire? There are 45 Cemeteries/Churchyards maintained by East Ayrshire Council. Q3 Is there a Crematorium in East Ayrshire? No. East Ayrshire does not operate a Cremation service. There are 2 Crematorium facilities in neighbouring Authorities and these are: Masonhill Crematorium, Ayr (South Ayrshire Council) Telephone - 01292 266051 Holmsford Bridge Crematorium, Dreghorn (Private) Telephone - 01294 214720 Q4 When are the Cemeteries open to the public? East Ayrshire Council Cemeteries have access for pedestrians 24 hours per day. Q5 Can I pass ownership of my lair to another person? Yes. Lairs can be transferred but this must be done via the Council’s procedures and in a manner that is legally binding (Valid Will, Statutory Declaration/Renunciation Form or Form of Assignment). Bereavement Services Staff will be happy to assist. Lairs cannot be transferred by any other means. Q6 If more than 1 person owns a lair, do all of them have the right of burial? Yes, the right of burial would be granted to each owner as they pass away or until such times as the lair is declared full. Q7 If more than 1 person has ownership of a lair, do they all need to agree to work being carried out on a memorial or to erect a new memorial? Yes, the council will only action additional work or the erection of a new memorial once an instruction has been received from all owners. 9 10 Q8 Can I get a plan of a cemetery or part of cemetery where I have a lair? Plans may be viewed at the Bereavement Services Office. Assistance will also be given to locate a particular lair. A small local plan of particular lairs may be available. Q9 How do I arrange a burial? Burials are normally arranged by contacting a Funeral Director. However Burials can also be arranged independently by contacting the Bereavement Services Office. Q10 Is there a list of Funeral Directors? Yes, a list is available from the Bereavement Services Office on: Telephone 01563 554775/6. Fax 01563 554777 Email: [email protected] Q11 How do I purchase a lair? East Ayrshire Council have a policy of no pre-sales of lairs. A lair is purchased at the time of arranging a burial. Q12 When a lair is purchased does the ground belong to the Lair Owner? No. The owner purchases the Exclusive Right of Burial only. Q13 If a purchased lair is not used what happens to it? The lair owner may wish to sell back the lair to the Council at the purchase price. Under the terms of the Management Rules, the Council may, after a period of 40 years, failing interment in or transfer of, forfeit the right of burial therein. Q14 Is a headstone necessary? This is a personal preference and entirely up to the family/lair owner. There is no legal requirement on this matter. Q15 How do I get a Headstone/Memorial erected? Only British Register of Accredited Memorial Masons (BRAMM) or any other Accredited Memorial Mason may work within the Cemeteries and Churchyards of the Council. Lair Owners are required to appoint a Registered Mason to work on their behalf. A Monumental Permit will be issued by the Council to erect/repair/renovate/add inscriptions to Memorials, this charge includes a foundation where required. There is a charge for all applications. Q16 Is there a list of Memorial Masons? Yes, a list is available from the Bereavement Services Office on: Telephone 01563 554775/6. Fax 01563 554777 Email - [email protected] Q17 Who is responsible for the Memorial/Headstone after it is erected? The lair owner is responsible for the memorial. East Ayrshire Council are responsible for the maintenance and safety of the Cemetery/Churchyard under the Health & Safety at Work Act 1974. Q18 Do inscriptions have to be of a set format or can you inscribe anything that you wish? The Council have to approve inscriptions prior to issuing a Permit. Please note some wording will not be allowed. Q19 Is there a specific material for a Headstone or can you use anything? No. Memorials must be constructed of natural stone. No wood, plastic, glass etc. is allowed. Q20 Are there different types of lairs available and if so what are they? The following lair types are available: Full Body Burial Lairs, Cremation Casket Lairs, Individual Baby Lair (Kilmarnock & Cumnock Cemeteries), Single Baby Lair (Kilmarnock & Cumnock Cemeteries). Meadow/Woodland burial site (Galston Cemetery). Please refer to the Management Rules and Regulations for further information (starting on page 23). Q21 Are there any surcharges relating to burials and if so what are they? East Ayrshire Council does not make any surcharge for non residents. Q22 Can you use a full body burial lair for cremated remains? Yes. Up to 6 cremation caskets can be interred in a full lair. Q23 Can you scatter ashes from a cremation over a lair? No. Ashes can damage the lawn area and may cause distress to other Cemetery users. Q24 How long do any floral tributes or wreaths remain on a lair? Floral Tributes/Wreaths remain on a lair for a period of 14 days. Christmas Wreaths will be removed from the 31st January. Q25 Can you plant shrubs or flowers on a lair? No. There will be no planting on any lair space unless specific provision has been made for this purpose. Q26 Can you section off an area of the lair with a fence or kerb? No. Memorials or artefacts should not be placed in any way over the grassed area of a lair, or any part to be opened or over any adjoining lair. Please refer to the Management Rules and Regulations for further information (starting on page 23). 11 Q27 Can you have a seat or something similar donated to the relevant cemetery? Yes, donated seating may be permissible in certain areas within a Cemetery. Permission must be sought from the Outdoor Amenities Manager or nominated officer. Q28 Are there any special burial areas i.e. for babies/children or religious grounds/beliefs? Yes, please contact the Bereavement Services office for detailed information. Tel: 01563 554775 / 554776. Fax: 01563 554777. Email: [email protected] Q29 What type of Lairs are available in the dedicated baby area? (a) Individual Lairs: This allows for the burial of a baby and also up to 6 cremation caskets to be buried in the same plot thereafter. A small memorial may be erected. There is a fee to purchase this lair and to erect memorial. (b) Single Lairs: This allows for a baby to be buried in a single lair. There will be no further interments in this lair. A memorial cannot be erected on this lair but the baby’s name can be recorded on the central memorial or plaque. There is a small fee to add the baby’s name to the memorial/plaque. 12 Q30 Do you need to have a religious service at a burial? No. There is no requirement to have a religious service. Q31 Do you need to use an Undertaker for a burial? No (see Q9) Q32 Where can I complain about any problems relating to the Cemetery? Complaints can be made by contacting the Bereavement Services Office or by completing the Council’s online complaint suggestion form. Bereavement Services Contact Details: Tel: 01563 554775 / 554776. Fax: 01563 554777. Email: [email protected] Q33 Why has the ground sunk at some lairs? This is due to the soil consolidating and compacting again after the Interment etc. The Council level lairs approximately 2 weeks and 8 weeks after the initial interment. After this period lairs are levelled as part of the Ground Maintenance Specification. Q34 Can any pets be buried in East Ayrshire Cemeteries? Pets are not allowed to be interred within the Cemeteries and Churchyards of East Ayrshire Council. Q35 Can I walk my dog in the Cemetery? Management Rules state that the only dogs permitted within any cemetery are Guide, Hearing and other registered assistance Dogs. Q36 If I have a suggestion/query relating to the cemetery who do I contact? East Ayrshire Council’s Bereavement Services Section or on-line at www.east-ayrshire.gov.uk/contact/contact_us.asp Q37 How can I find out about my family history? East Ayrshire Council’s Library/Registrars Section may be able to assist. You can also contact the Bereavement Services Section. There will be a charge for this service. Contact numbers are as follows: Bereavement Services, Telephone - 01563 554775/6 Fax - 01563 554777. Email - [email protected] Registrars Office, Telephone - 01563 576695/6 Fax - 01563 576690 Email - [email protected] Q38 Do the Cemeteries have personnel in them during the day? Not all of the cemeteries are staffed. Should you require assistance, please contact the Bereavement Services Office. Q39 How many Burials can take place in a burial plot? In normal circumstances it would be expected that a burial plot could accommodate 3 coffins and up to 6 cremation caskets. However this may decrease due to ground conditions etc. The Bereavement Services Section shall inform those arranging an interment of any problems relating to ground conditions as soon as they become aware. Q40 Can my family choose a specific lair within a Cemetery at the time of interment? Yes but this will be at the total discretion of East Ayrshire Council. Q41 Can you drive in to the Cemeteries? Cars are restricted to Disabled Drivers only. There are small car parks at most Cemeteries and the public are requested to use these when visiting our Cemeteries. Q42 Why Is the Council carrying out safety inspections within its Cemeteries/ Churchyards? East Ayrshire Council are required by Law to ensure that the Cemeteries/ Churchyards are safe places to visit and work. Q43 What happens to a dangerous memorial? Memorials are inspected by trained staff. Should a memorial be identified as a Category 1 (dangerous), then it is required to be made safe immediately. East Ayrshire Council has agreed to stake and tie memorials as a temporary measure, we also sheugh (ditch in) memorials. These procedures are accepted by the Health & Safety Executive and are in-line with Memorial Management Guidelines. Lair owners are reminded that responsibility for maintaining memorials lies with them. 13 Q44 What happens to a memorial if there is no family or lair owners cannot afford to carry out repairs? Staking and tying is a temporary measure. East Ayrshire Council shall continue to inspect memorials and shall sheugh (ditch in), lay flat, stake or tie memorials which have not had any repair/remedial work carried out. Q45 Are memorials removed from the Cemetery? At this time the Council do not remove memorials from the Cemetery, however the Council reserve the right to remove any dangerous memorials from a cemetery or churchyard. Q46 What is meant by Category 1, 2 & 3? A Category 1 memorial is dangerous and requires to be made safe immediately. A Category 2 memorial requires to be re-inspected within 6 months to 1 year. A Category 3 memorial requires to be re-inspected in 5 years. Q47 Why am I not contacted before the safety work to my memorial is carried out? A Category 1 memorial requires to be made safe immediately. Once this has been done the Council endeavour to contact the last known registered lair owner, this may not always be possible as many lairs have not been transferred or owners have moved away from the original address given, without informing the Council. Q48 Are records of inspections available to the public? Yes. East Ayrshire Council’s Cemeteries Safety Squad record all details both manually and electronically. A copy of these reports can be obtained by contacting the Bereavement Services Office. There may be a charge for this service. Q49 Are you allowed more than 1 memorial/vase on a lair? Only 1 memorial/headstone will be permitted at the head of lair, you may also place 1 flower vase per lair in the space provided at the head of each lair i.e. the crown head or on the base of the memorial. The Council do not accept any responsibility for loss or damage to such vase. Glass or pottery containers are not allowed. Q50 14 Where is the office dealing with burials located in East Ayrshire? The Bereavement Services Office is located at Western Road, Kilmarnock, KA3 1LL. Q51 How can I find the details of a lair? Bereavement Services staff will be happy to assist with lair searches. Please note that there may be a charge for this service. Q52 Do the Council offer green burials? Yes. The Council have a Meadow/Woodland/burial site at Galston Cemetery. Q53 How many people can be buried in Meadow/Woodland Lairs? Both these types of Lairs allow 1 full body interment. Q54 Can cremated remains be buried in Meadow/Woodland Lairs? (a) Meadow Lairs allow for up to 6 cremation caskets. (b) Woodland Lairs cannot accommodate cremation caskets. Q55 What Memorialisation is allowed at Meadow/Woodland Lairs? There are restrictions, please refer to the Councils Management Rules for information. Q56 Do the Council hold the Institute of Cemetery and Crematorium Management Charter for the Bereaved? Yes. A copy of the Charter and information leaflet is available by contacting the Bereavement Services Office. Q57 What happens with a death abroad? There is a number of different issues relating to death abroad. Detailed information on repatriation can be found at the following web pages along with other helpful advice: direct.gov.uk fco.gov.uk bereavementinfo.com A funeral director will be able to assist with the repatriation of the deceased. Q58 Why is there soil/soil boxes on my grave? There may be a need to place soil/soil boxes on lairs adjacent to graves being opened for burial. This will be for a limited period and all graves will be reinstated. Artefacts will be stored for 3 weeks for collection and where possible owners will be informed. We apologise for any distress or inconvenience and will endeavour to keep the time soil and boxes are on the grave to a minimum. 15 Web Links Bereavement affects people in many different ways. To assist you with the process we have identified below a number of web links with professional bodies and support groups that offer helpful information on all aspects of bereavement and arranging a funeral. Whether this is a home burial, cremation or via the services of a professional Funeral Director. These are only a small sample of Web Sites available. BBC - Coping with Grief www.bbc.co.uk/health/emotional_health/bereavement/index.shtml The Bereavement Services Portal www.bereavement-services.org The Natural Death Centre http://www.naturaldeath.org.uk SAIF -The National Society of Allied & Independant Funeral Directors http://www.saif.org.uk/website/index.html National Association of Funeral Directors http://www.nafd.org.uk/funeral-advice/funeral-advice-home.aspx The Scottish Government http://www.scotland.gov.uk/Publications/2008/02/26152921/0 Directgov http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/index.htm Counselling on Bereavement http://www.crusebereavementcare.org.uk SANDS - Stillbirth and Noenatal Society http://www.uk-sands.org ICCM - Institute of Cemetery and Cremation Management http://www.iccm-uk.com NAMM - National Association of Memorial Masons http://www.namm.org.uk CWGC -Commonwealth War Graves Commission http://www.cwgc.org Please note: East Ayrshire Council is not responsible for the content of external internet sites and cannot guarantee that their location will not be subject to change. 16 Memorials East Ayrshire Council has signed up to the British Register of Accredited Memorial Masons (BRAMM) and now insist that all Memorial Masons working in our cemeteries and churchyards are either BRAMM Registered and accredited or comply with another accredited scheme. By ensuring that all Memorial Masons are accredited, the Council can be confident that all memorials are now fixed in line with the National Association of Memorial Masons Code of Practise. It is estimated that there are over 40,000 Memorials and Headstones in East Ayrshire Council’s cemeteries and churchyards. Of these it is further estimated that there are between 25% and 33% of stones that fall within category 1 (Category 1 memorial is dangerous and requires to be made safe immediately. Category 2 memorial requires to be re-inspected within 6 months to 1 year period. Category 3 memorial requires to be re-inspected in 5 years). The council has informed members of the public and lair owners of their programmes of inspection and making safe via a number of different methods, which include, • Web pages • Newspaper Reports • Council’s Magazine • Awareness Days • In Writing (Where Appropriate) • Radio • Community Council Meetings • Notices in the Cemeteries, Churchyards, Local Shops, etc. • Cabinet Reports A number of questions were raised regarding the work of our safety squad and what methods of testing we use. The first test we carry out is a walk round visual inspection, we then carry out a finger tip test which involves pushing the memorial at a height of 1 metre or shoulder height using our finger tips. Photographs of staff carrying out a memorial repair and topple test are shown in the Cemetery Safety Squad page of this booklet (page 20). There are also a number of questions regularly asked on this subject and these are included in the section dealing with Memorial Safety frequently asked questions (page 21) on the Cemetery Safety Squad page. 17 Memorial Safety The Council undertake ongoing safety maintenance programmes for headstones throughout East Ayrshire. As you would expect, a number of old memorials have become unstable over the years. Foundations have deteriorated; joints have not been doweled (bolted) and have become loose. In some cases where dowels have been used, they have become rusted and unsafe. Also initially, inspections found that a large number of recently installed memorials were in a dangerous condition, (as many as 1 in 3 headstones). Memorials had not been doweled from the plate to the base and/or from the base to the foundation. Inspections showed that in most cases a thin layer of cement was the only fixing and that these joints had become weathered/loose, which therefore put the stone in a dangerous condition. The Council requires all Memorial Masons to be accredited and aims therefore to protect the public and allow them to have confidence that their memorial/ headstones are erected in a safe manner. Further guidelines from the HSE indicate that Councils’ must inspect all memorials (which they are responsible for) in line with the Health and Safety at Work Act 1974 and the Occupiers Liability Act 1960, which therefore means that the Council may have to take immediate action. If your headstone was installed prior to January 2003 there is a possibility it may be unsafe and the Council may be required to take the following action: lie the stone flat; stake and tie, or; sheugh (ditched into the soil), so that the Council comply with the relevant Health & Safety Law. If you have any concerns about your memorial or would wish to discuss the matter further, please do not hesitate to contact a member of the Bereavement Services staff. Telephone - 01563 554775/6. Fax - 01563 554777 Email: [email protected] East Ayrshire Council takes the safety of the public and staff seriously; it is with this in mind that we have introduced the above measures. Whilst we understand that it may be upsetting to lair owners and bereaved families, it is also essential that we ensure that cemeteries can be safe environments for all. The Council’s Bereavement Services staff will be able to assist members of the public when they are making decisions on purchasing a memorial or have concerns with regard to its safety. Staff will also be able to address any specific questions relating to the safety inspection programme. 18 Professional Bodies Institute of Cemetery & Cremation Management Tel: 020 8989 4661 Fax: 020 8989 6112 Email:[email protected] www.iccm-uk.com National Association of Memorial Masons Tel: 01788 542264 Fax: 01788 542276 Email: [email protected] www.namm.org BRAMM (British Register of Accredited Memorial Masons) Tel: 01788 544963 Fax: 01823 253681 Email: [email protected] www.bramm-uk.org 19 Cemetery Safety Squad East Ayrshire Council’s Bereavement Services Section operates a Cemetery Safety Squad. This squad is responsible for inspecting memorials, recording details, and making safe where necessary, in compliance with current legislation and guidance from the Institute of Cemetery and Crematorium Management (ICCM). They are also required to install foundations in accordance with the National Association of Memorial Masons (NAMM) Code of Practice. East Ayrshire Council and its Safety Team are Business and Fixer accredited in line with the British Register of Accredited Memorial Masons (BRAMM). Staff have been trained to national standards in Cemetery Maintenance and Memorial Inspection procedures. 20 Memorial Safety Frequently Asked Questions Q1 Who owns the lair? The Council continue to own the lair. “The lair holder/s own the Exclusive Right of Burial only” Q2 Who owns the memorial/headstone? A memorial/headstone is owned by the Lair holder. The Council do not own any headstones or memorials on a purchased lair. Q3 What does an inspection involve? Trained staff carry out a visual, manual and if appropriate a mechanical test using a topple tester. All findings are recorded and stored, photographs are taken where necessary. Q4 Can I be held responsible for my headstone? Yes. Lair holders can be held responsible both legally and for the cost of any remedial work to make the stones safe. Q5 Can I inspect my own memorial? No, many memorials are extremely dangerous. Members of the public are therefore asked not to carry out any work that may endanger them. Q6 Can I repair my own memorial? No. Prior to any work being instructed a permit must be applied for, this can be obtained from the Council’s Bereavement Services office. There may be a charge for a permit. The Council would insist that only Accredited Memorial Masons carry out any improvement/repair work. Q7 Will the Council re-erect my memorial for me? Not at this time. The Council may, as part of its safety programme, re-erect a memorial. Members of the public should appoint an accredited memorial mason to carry out all installation and repair work. Q8 Why are the Council carrying out this work? Due to a number of deaths and injuries, safety in cemeteries is now a major issue to Local Authorities. The Health & Safety at Work Act 1974 and the Occupier’s Liability Act 1960, requires that as owners of the cemetery, the Council take all steps that are reasonably practicable to make the premises safe for visitors, users and staff. 21 22 Q9 Do Memorial Masons have to be accredited to work in East Ayrshire Council’s cemeteries? Yes. The Council hold a list of all Masons accredited in line with the British Register of Accredited Memorial Masons (BRAMM) or any other Accredited Scheme. This list is available from the Council’s Bereavement Services office. Q10 What happens if a Memorial is unsafe and the Lair Owner cannot be traced? The Council will make the Memorial Safe, as detailed in Question 44, Frequently Asked Questions. Q11 Can ownership be transferred to another family member if the original lair owner cannot be traced? In certain circumstances and by legal process. Bereavement Services Staff will be happy to assist. Q12 Is there a list of accredited Memorial Masons? Yes, a full list of Memorial Masons can be obtained by contacting the Bereavement Services Office. Tel: (01563) 554775/6 Fax: (01563) 554777 Email - [email protected] Management Rules For Cemeteries East Ayrshire Council 1. East Ayrshire Council (hereinafter referred to as “the Council”) by virtue of the powers contained in the Civic Government (Scotland) Act 1982 do hereby make and enact the following regulations and management rules for the general management and control of cemeteries within the East Ayrshire Council area. 2. Control of all cemeteries situated within East Ayrshire shall be exercised by the Depute Chief Executive/Executive Director of Neighbourhood Services, of the Council or his/her nominated officer, and through him/her all orders and instructions shall be conveyed to the cemetery management, who shall see that these instructions are carried out. 3. The Exclusive Right Of Burial a. Each purchaser of an exclusive right of burial shall, on payment in full of the price set by the Council, be furnished with a Certificate of Sale, subject to such conditions as the Council may proscribe, which shall be held to confer the purchase of the exclusive right of burial in the ground allocated in perpetuity. The production of the Certificate of Sale, a Statutory Declaration or a Will with a death certificate will be held as sufficient authority to exercise said right. The owner/s shall be registered with the Council as the holder/s of a lair or lairs, except in the case of trustees. The owner/s of a lair or lairs will not be able to sell same except to the Council. No lair holder/s shall be entitled to transfer any or all of his/her lairs during his/her lifetime without the sanction of the Council. Where a lair or lairs is held in joint ownership the agreement of joint owners is required before any third party may be interred in a lair. b. The purchase of lairs will be allocated in rotation at the discretion of the appropriate officer or cemetery keeper of the Council. Only such lairs as numbered on the cemetery plans will be allocated. c. A widow or widower may be interred in the lair in which his/her spouse is interred or in which he/she held a right at his/her death. On the death of an intestate person, i.e. where a lair holder does not specify an individual to succeed his/her ownership of the lair the burial rights will be transferred by means of statutory declaration. Thereafter the Depute Chief Executive/ Executive Director of Neighbourhood Services, or his/her nominated officer shall grant a certificate entitling the said successor or assignees to the right of the original holder. 23 4. Forfeiture Failing interment in, or transfer of a lair for a period of 40 years, the Council may forfeit the right of burial therein, provided that such Notice of Intention to Forfeit shall be advertised in 1 national newspaper and 2 local newspapers and the period of 12 months allowed to elapse, whereupon, failing any claimant, the Council may, by simple resolution duly minuted, declare such a right of burial to be forfeited and may dispose of the lair. 24 5. Notice Of Burial a. All burials must be authorised by the Council prior to funeral arrangements being publicly arranged. b. Notice of interment must be given to the Bereavement Services Office as early as possible, and in any event not less than 2 working days notice excluding Saturdays, Sundays and Public Holidays must be given for any proposed interment. Such notice should state the name and address, age, date of death of the deceased, the deceased’s residence at the time of death, the day and hour of the interment, the measurements and size of the coffin and lair, and any other such information deemed necessary by the Council from time to time. Upon checking the lair register the order for digging the lair will then be issued. Shorter notice may be accepted at the sole discretion of the said Depute Chief Executive/Executive Director of Neighbourhood Services and/or his/her nominated Officer (a) in exceptional circumstances and (b) in the case of interments in compliance with religious reasons. With regard to such, notice shall be given to the said Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated Officer during business hours, of any proposed interment and, all information which may be required by the Council shall be given to him/her at the same time. c. No lair holder shall be entitled to have the ground opened to a greater depth than 2.8 metres, and no interment shall be made without there being at least 450 millimetres of soil between the ordinary surface of the ground and the upper side of the coffin. In a lair not exceeding 1.9 metres in depth not more than 2, and a lair of 2.8 metres not more than 3 coffins shall be interred. No lair shall be within 100cm of the boundary walls of the cemetery. Notwithstanding the above, depth of lair and number of coffins interred therein shall be subject to underground conditions, such as obstacles and rocks, and may be varied with regard to such by the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. The digging of lairs and preparing for the laying of foundations for monuments shall be done only by persons authorised by the Council. d. The Council shall keep a registers record in which shall be entered every interment, specifying the lair, the depth of the lair, the date of interment, the name and age of the person buried, and all other requested particulars. e. A plan of the cemetery and a table of interment fees and other charges shall be kept at the Bereavement Services Office. All fees and charges in connection with interment, lair certificates, etc, shall be acknowledged on official printed receipt forms. 6. Areas For The Interment Of Cremated Remains a. Designated areas for the interment of cremated remains will be provided in some cemeteries. Each lair shall be 1 metre square and capable of holding up to 6 sets of cremated remains, the exclusive right in the lair will be sold with the right to erect a memorial which shall be restricted to at least 25 millimetres less in width than the width of the lair on which it is to be erected and a maximum height of 900 millimetres. The base of the memorial may contain a maximum of 1 flower vase holder. No other forms of memorials, vases or planting will be allowed on the lair space. The exclusive right of burial shall be sold subject to the rules and regulations and interpretation as outlined in Regulation 3 above. b. Application for the interment of cremated remains must be made in the same manner and providing the same information as in Regulation 5 above. c. Cremated remains may not be scattered on any part of the cemetery. 7. Regulations Relating To Baby Section Individual Lairs: This allows for the burial of a baby and also up to 6 cremation caskets to be buried in the same plot thereafter. A small memorial may be erected. There is a fee to purchase this lair and to erect a memorial. An interment in an Individual Lair shall be excavated to a depth of 1,200mm (4ft). The maximum coffin length in an Individual Lair is 900mm (3ft). Single Baby Lairs: This allows for a baby to be buried in a single lair. There will be no further interments in this lair. A memorial cannot be erected on this lair but the baby’s name can be recorded on the central memorial/ plaque. There is a small fee to add the baby’s name to the memorial. An interment in a Single Baby Lair shall be excavated to 900mm (3ft). Adult Lairs are available in other parts of the Cemetery. Maintenance: Maintenance shall be in line with the Council’s Grounds and Cemetery Maintenance specification, as may be amended from time to time. 25 Floral Tributes - Individual Lairs - Shall be allowed, however, all floral tributes shall be removed on or after 14 days from interment. Any person wishing to retain floral tributes should make arrangements to remove them on or before the 14th day. Floral Tributes - Single Baby Lairs: Only 1 floral tribute shall be allowed in the burial space at the time of burial. All other floral tributes must be placed in the space provided at the plinth or central memorial. Floral tributes shall be removed on or after 14 days from interment. Christmas Wreaths: Shall be removed in line with notices placed within the Cemetery. Any person wishing to retain their wreath/s should remove them from the Cemetery prior to the date given on the notice; thereafter all wreaths will be disposed of. Artefacts/Toys - Individual Lairs: Artefacts and Toys will be allowed to be placed on the lair at the time of the interment, however all artefacts/toys will be removed to the plinth or central memorial 1 week after the interment (normally a Friday), where they shall remain for a further period of 2 weeks. No artefacts/toys should encroach on any other lair space. Should any floral tribute, artefact or toy encroach on any other lair space, they shall be removed to the plinth or central memorial. Artefacts/Toys - Single Baby Lairs: Only 1 artefact/toy will be allowed on the burial space at the time of burial. All artefacts/toys will be removed to the plinth or central memorial 1 week after the interment (normally a Friday), where they shall remain for a further period of 2 weeks. All other artefacts/ toys must be placed in the space provided at the plinth or central memorial. Any person wishing to retain these artefact/toys should remove them from the Cemetery prior to the timescales shown above. Plants/Trees/Shrubs: No digging or planting of any material is allowed within the Cemetery. Ornaments/Vases/Etc: No ornaments, memorial vases or glass will be allowed within the Baby Section. Any unauthorised ornaments/vases etc. will be removed immediately. Memorials: A purchased individual lair will be allowed a memorial which shall be placed on a foundation supplied by the Council and must be erected and maintained in line with the Council’s Management Rules and the N.A.M.M. Code of Working Practice as may be amended from time to time. A memorial will measure no more than 750mm (2ft 6inches) in total height. No memorial shall encroach onto the adjoining lair/ground space. All memorials will require a Monumental Permit for which there shall be a charge. 26 A Central Memorial/plaque will be supplied and parents that have chosen a Single Baby Lair may wish to add the name of their child to this memorial or plaque. 8. Memorials a. The erection of memorials will be permitted only on purchased lairs. b. No tomb, monument, inscription, memorial stone, cleaning, painting or erection work of any kind shall be permitted until a plan or sketch of the same clearly showing the dimensions and indicating the type of material to be used, shall have been submitted to the Depute Chief Executive/ Executive Director of Neighbourhood Services, or his/her nominated officer on behalf of the Council on the form prescribed for that purpose by the Council and approved in writing, which approval may be subject to condition and in the case of a monument or memorial stone subject to payment of a foundation fee set by the Council; and all such works so approved shall be performed to the satisfaction of the Council and shall be kept in good order and repair at the expense of the lair holder who has erected or permitted others to erect them, and should any lair holder fail to make any repair that is notified to him or her in writing by the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer as being necessary within 21 days of such notification, then the Council shall make (but shall not be bound to make) the repairs required, at the expense of the lair holder, and be entitled to recover the same by due process of law, it being declared that in the event of notification by the Council to the lair holder that repairs are required or in the event of the Council making such repairs they shall be relieved by the lair holder of any responsibility for any hurt, damage or injury to any person or thing as a result of the condition of the tomb, monument, inscription, cleaning or erection work, following the carrying out of said repairs. No interment shall take place in ground in which the right of burial is held by any person liable in such expense while it remains unpaid. c. Any memorial erected shall not protrude in any way over that part of the lair to be opened for burial and shall be restricted to at least 75 millimetres less in width than the width of the lair. Wooden crosses, kerbs, copes, railings, fences, gravel, corner stones or any other such ornamental additions to the lair shall not be permitted. No planting of gardens or digging of any description upon a lair space will be permitted without the express consent of the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. The lair holder is liable for the risks of any damage by or to any monument or memorial on the lair. Only 1 flower vase will be allowed on each lair and placed in the space provided at the head of each lair, i.e. the crown head or on the base of the memorial. 27 The Council will not be responsible for any loss or damage to such vase. Glass or pottery containers will not be allowed. 28 d. All work as aforesaid shall be carried out from 1st January, 2007 only by memorial masons registered within British Register of Accredited Memorial Masons (BRAMM), or any other accredited scheme. e. If in consequence of a proposed interment a monument or other erection is required to be moved, the expense of doing so will be in addition to the usual fees of burial. f. No planting of any nature shall take place, unless in the case of cemeteries which make specific provision for such, the form which such planting shall take will be at the discretion of the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. No planting may encroach onto another lair space or onto an area reserved for planting with regard another lair space. No trees or shrubs/bushes shall be permitted. If in the opinion of the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer any planting is growing to excess, upon written notification a lair holder will be obliged to cut back planting to the satisfaction of the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. Should any lair holder fail to take action in respect of this notification within 21 days of such then the Council shall carry out (but shall not be bound to) the pruning required, at the expense of the lair holder, and be entitled to recover the same by due process of law. g. The application for the erection of a memorial or additional inscription on a memorial must be approved by the appropriate officer and must conform with the administrative requirements of the Council and may be amended from time to time, and which will be intimated by public notice as the need occurs. h. Memorials are erected at the owners own risk. The Council will not be responsible for loss or damage. i. 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, any other means of marking the section and lair number, for example, by painting, is strictly prohibited. j. No memorial or part thereof shall be removed from the cemetery without notification to the Council. k. No operation of any kind shall be permitted inside the grounds without the sanction of the appropriate officer who must be satisfied that the authority of the lair holder has been obtained before work commences. All rubbish in connection with such work shall be removed without delay, failing which the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer shall have the same carried out at the expense of the lair holders and the Council shall be entitled to recover the said expenses from the lair holder. 9. Regulations Relating To The Meadow/Woodland Burial Section Meadow Lairs: This allows for the burial of 1 full body interment and also up to 6 cremation caskets in the same plot. There will be no further full body interments allowed in this lair. A full body interment shall be excavated to a depth of 1,200mm (4ft). A memorial tree cannot be planted on this lair. Woodland Lairs: This allows for the burial of 1 full body interment. There will be no further full body or cremation casket interments in this lair. A full body interment shall be excavated to a depth of 1,200mm (4ft). A memorial tree may be planted at the head of this lair at the appropriate time of year and at the discretion of the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. The Council has a no pre-selling policy however within the Woodland/Meadowland Section only, when an interment is being arranged for your spouse/partner, you may be able to purchase the adjoining lair at the same time. This will be at the discretion of the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. Coffins/Cremation Caskets: Coffins and Cremation Caskets must be biodegradable (made from materials such as wicker, bamboo, wood, cardboard etc). The coffin/cremation casket must not be painted/varnished and should be taken from a renewable source. There must be no synthetic materials placed within the coffin/casket. Any item/s placed within the coffin/casket must be biodegradable. Embalming: The body should not be embalmed when being interred within the Meadow/Woodland Burial Section and all clothing worn must be made from natural fibres. e.g. cotton or wool. Maintenance: Maintenance shall be in line with the Council’s Grounds and Cemetery Maintenance specification, as may be amended from time to time. Grass cutting may vary from 0 to 3 times per year. Floral Tributes: All floral tributes should be biodegradable. Please be advised that all floral tributes will be removed 7 days after the interment. Any person wishing to retain floral tributes should make arrangements to remove them before the 7th day. 29 Glass, pottery or plastic containers and plastic flowers will not be permitted in any area of the Meadow/Woodland Burial Section. Any unauthorised floral tributes etc will be removed immediately. Artefacts/Toys: No artefacts/toys will be allowed in the Meadow/Woodland Burial Section. Any unauthorised artefacts/toys will be removed immediately. Plants/Trees/Shrubs: No digging or planting of any material is allowed within the Meadow/Woodland Burial Section unless authorised by the Depute Chief Executive/Executive Director of Neighbourhood Services, or his/her nominated officer. Ornament/Vases/etc: No ornaments, memorial vases or glass will be allowed within the Meadow/Woodland Burial Section. Any unauthorised ornaments/vases etc. will be removed immediately. Memorial Tree: On completion of an interment in the Woodland Lairs, a tree may be planted at the appropriate time of year at the head of the lair, after settlement has taken place. Trees are supplied and planted by the Council. A full list of available trees and fees can be obtained by contacting the Bereavement Services Office. Tel: (01563) 554775/6. Fax: (01563) 554777. Email - [email protected] Memorial Plaque Wall: A small memorial plaque may be placed on the wall. The memorial plaque must be made out of natural materials such as bronze or granite and must be no larger than 200mm x 150 mm (8” x 6”). The memorial plaque must be arranged through a Monumental Sculptor. Miscellaneous: Only natural materials may be used within the Meadow/Woodland Burial Site. 30 10. General a. The hours when any cemetery shall be opened and closed shall be such hours as the Council so wishes and may from time to time be intimated by notices displayed at or near the principal entrances. The Council may by notices posted at or near the place to which it refers, close any part or portion to the public for such times as it may consider necessary. b. No person shall enter or leave any cemetery except by the entrances and exits provided for that purpose. c. No person shall enter or wilfully remain within the cemetery except during the hours in which same is open to the public as agreed from time to time by the Council. d. The Council reserve the right to inspect all aspects of the Cemetery and take appropriate action to repair, remove or replace any item which may cause offence or constitute a danger or prohibit the regular maintenance of the Cemetery. e. Children under 16 years of age must be accompanied by their parent, guardians or an adult. f. No dogs shall be admitted with the exception of guide dogs and hearing dogs which are being used as such. No fouling by such dogs shall be permitted. g. The placing of an artificial wreath or flowers on lairs is prohibited. Wreaths in honour of the war dead are permitted and shall be removed subsequently at the discretion of the Depute Chief Executive/Executive Director of Neighbourhood Services or his/her nominated officer. h. Christmas Wreaths will be permitted and shall be removed in accordance with notices placed at the entry and within each cemetery. Any persons wishing to retain floral tributes or artefacts should make arrangements to remove them prior to the date provided in said notices. i. No kerb stones, foot stones, railings or fences will be permitted on lair spaces within the cemetery. j. Please be advised that all floral tributes, artefacts, etc. will be removed on or after 14 days from the interment. Any person wishing to retain floral tributes or artefacts should make arrangements to remove them on or before the 14th day. k. The rules relating to the Baby and Woodland sections should be read in conjunction with all other Cemetery Rules contained herein. 11. Vehicles a. Car parking facilities provided by the Council for the convenience of cemetery users shall only be available for such times as the facilities of the cemetery are being used. In all cases the instructions of the appropriate officer or cemetery keeper must be complied with and all vehicles must be driven carefully and at a speed not exceeding 5 miles per hour and keep to the roadways. No vehicle shall be permitted on footpaths. The Council shall not be held responsible for any damage to vehicles, or other property left in the car parking facilities. b. Vehicles conveying memorials or goods into the cemetery grounds will be allowed only with the consent of the appropriate officer or cemetery keeper. The person or persons in charge of such a vehicle must comply with the directions of the appropriate officer or cemetery keeper as to the route to be followed in the grounds. 31 32 c. Cycling, skateboarding, roller blading, or such similar activities are prohibited within any cemetery. Any person or persons contravening the forgoing shall be liable to the Council for any and all damage, injury or the like, which is occasioned thereby. 12. Prevention Of Nuisance (a) No person shall: (i) Use any profane or offensive language or behave in an offensive, disorderly or insulting manner whilst in the cemetery. (ii) Wilfully or carelessly obstruct, disturb or interrupt any officer or servant of the Council in exercise of his/her duties or in execution of any work associated therewith. (iii) Wilfully or improperly interfere with any other person using the facilities provided by the Council in any cemetery, or behave in such a manner as to endanger their own or other persons safety. (iv) Disobey any instructions given by any member of the cemetery staff to ensure the safety and comfort of all persons using the cemetery. (v) Bring into the cemetery any object or objects which may be considered by any member of the cemetery staff to be dangerous. (vi) In any cemetery, climb upon any tree, shrub, wall, fence or railing, or upon any monument, fountain, statue, building or any other structures. (vii) Enter or use any toilet, or use any facilities which has been reserved or appropriated by the Council for use by the opposite sex, provided that nothing in this regulation shall prevent a child under 8 years of age using the facilities provided for the opposite sex whilst accompanied by an adult of that sex. (b) All visitors to burial grounds situated within East Ayrshire shall require to keep on the paths and roads and, except when tending a lair, shall be strictly prohibited from touching monuments, plants or flowers. (c) No person shall; (i) Wilfully or carelessly break, damage, deface, disfigure, tamper with or improperly soil any tree, shrub, wall, fence, railing, monument, fountain, statue, building or any structure in the cemetery. (ii) Wilfully or carelessly damage, destroy or improperly soil any articles supplied for use by the Council. (iii) Retain or remove any articles supplied for use by the Council after the purpose for which was issued has been served. Should any difference or dispute arise as to the real intent, meaning or interpretation of these rules and regulations, or table of fees and charges, the issue shall be taken up and decided by the appropriate officer whose decision shall be final. 13. Miscellaneous The Council shall be at liberty to alter these rules and regulations or any part of them, from time to time as they see fit and make and enforce such others as they may consider necessary for the proper or better management of the cemeteries. The following conditions apply to a contravention by any person of the foregoing management rules: a. Should the appropriate officer of the Council have reasonable grounds for believing that any person has contravened, is contravening or is about to contravene any of the foregoing management rules, he/she may expel that person from the cemetery. Any person who fails to leave the cemetery on being so expelled, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level one of the standard scale in terms of Section 118 of the Civic Government (Scotland) Act 1982 and Section 225 of the Criminal Procedure (Scotland) Act 1995. b. Should the appropriate officer of the Council have reasonable grounds for believing that any person is about to contravene the foregoing management rules, they may expel that person from the cemetery. Any person who, on being informed by the appropriate officer of the Council that they are excluded from the cemetery, enters or attempts to enter the cemetery shall be guilty of an offence and liable on summary conviction to a fine not exceeding Level One of The Standard Scale in terms of Section 118 of the Civic Government (Scotland) Act 1982 and Section 225 of the Criminal Procedure (Scotland) Act 1995. c. The Council may decide that a person who has persistently contravened or attempted to contravene the foregoing management rules and is, in their opinion likely to contravene them again, shall be made subject to an Exclusion Order, and if the Council so decide, they shall give the person subject to the Exclusion Order notice of their decision. 33 d. Such Exclusion Order shall take effect upon a person on such date as the Council may decide which shall not be less than 14 days after the date of their decision to make the Exclusion Order. e. Any person who has been made subject to an Exclusion Order shall be entitled to make written or oral representations to the Council at any time up to the date when the Order should have taken effect upon them in terms of sub-paragraph (d) above. The Council shall suspend the effect of their decision, consider the representations and decide whether to confirm their decision or to revoke or amend it. f. An Exclusion Order shall have effect for such period not exceeding 1 year as the Council may determine and the Council may at any time reduce the period of, or revoke an Exclusion Order made by them. If the Council sees fit it may renew such Exclusion Order after review. g. Any person who being a person subject to an exclusion order enters or attempts to enter the cemetery to which the exclusion order relates shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level one on the standard scale in terms of Section 118 of the Civic Government (Scotland) Act 1982 and Section 225 of the Criminal Procedure (Scotland) Act 1995. Bereavement Services Contact Details East Ayrshire Council’s Cemeteries are part of the Neighbourhood Services Department and fall within the remit of the Outdoor Amenities Section. Below are contact details for Outdoor Amenities, Bereavement Services Section. Outdoor Amenities Bereavement Services Western Road Kilmarnock KA3 1LL Tel: (01563) 554775/6 Fax: (01563) 554777 e-mail: [email protected] www.east-ayrshire.gov.uk/comser/outdoorservices/cems_home.asp 34 35 This document is also available, on request, in braille, large print or recorded on to tape, and can be translated into Chinese, Punjabi, Urdu, Gaelic and Polish. Designed and produced by East Ayrshire Council Design Section © 2013 Ma tha sibh airson fiosrachadh fhaighinn ann an cànan sam bith eile, cuiribh brath thugainnaig an t-seòladh a leanas. Dokument dost pny jest równie w alfabecie Braille’a, w wersji z powi kszonym drukiem lub w formie nagrania d wi kowego na kasecie. Na yczenie oferujemy tak e tłumaczenie dokumentu na wybrany j zyk.
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