REPORTS/CEMREG
ENVIRONMENTAL AND PROTECTIVE SERVICES COMMITTEE
24 AUGUST 2010
MANAGEMENT RULES FOR COMHAIRLE OWNED CEMETERIES
Report by Director of Technical Services
PURPOSE OF REPORT
To advise the Comhairle of the current situation regarding
rules required for the reasonable management of Comhairle
owned cemeteries and to propose a set of rules for adoption.
COMPETENCE
1.1
There are no legal, financial or other constraints to the recommendation being
implemented.
SUMMARY
2.1
This Report gives details of the current position regarding management rules for
Comhairle owned cemeteries and proposes that a set of rules be applied so that
obligations, responsibilities, limitations and relevant procedures are made clear to all
stakeholders.
RECOMMENDATION
3.1
It is recommended that the Comhairle approve the Management Rules for
Comhairle Owned Cemeteries included as Appendix 2 to the Report.
Contact Officer: Iain MacKinnon
Background Papers None
Appendices:
MF
30/03/10
1
2
01851 709465
Rules and Regulations for the Sandwick New Cemetery 1954
Management Rules for Comhairle Owned Cemeteries
INTRODUCTION
4.1
Since 1980, the Comhairle has considered the reclamation of Comhairle owned
cemeteries and in some instances, privately owned cemeteries for which the
Comhairle has adopted some maintenance responsibilities.
4.2
The poor condition of these cemeteries was due to a lack of control over operations
in cemeteries and financial constraints.
4.3
In 1980 and on several occasions thereafter, the Comhairle advertised in the local
press their intention to remove fences, chains, railings, retaining walls and other
obstacles to facilitate grounds maintenance in a variety of cemeteries.
4.4
These improvement works have resulted in a more efficient grounds maintenance
operation and the enhanced appearance of cemeteries concerned.
4.5
To retain this position, to provide guidance to Officers of the Comhairle and to
ensure compliance with current legislation, it is proposed that the Comhairle adopt a
set of management rules for Comhairle owned cemeteries.
EXISTING REGULATIONS AND PROCEDURES
5.1
A set of rules titled, “Rules and Regulations for the Sandwick New Cemetery”, which
was written and approved by the County Council of Ross and Cromarty in 1954 has
been reproduced for the sake of clarity and is shown in Appendix 1 to the Report.
5.2
Many of the rules are now archaic and have been overtaken by changes in
legislation and local government structure.
5.3
Officers of the Comhairle are not aware of any rules in respect of local cemeteries
built or adopted since 1954 and consequently there is no guidance for lair holders on
their rights and limitations on purchasing lairs.
PROPOSED ADOPTION OF MANAGEMENT RULES
6.1
A new set of rules titled “Management Rules for Comhairle Owned Cemeteries” is
included as Appendix 2 to the Report.
6.2
The new set of rules incorporates many of the rules in the original “Rules and
Regulations” for the Sandwick New Cemetery, where these rules are relevant, valid
and comply with current legislation.
6.3
It is proposed that the rules shall apply only to those cemeteries which are owned by
the Comhairle.
6.4
Should any Comhairle cemeteries be handed over to a community organisation to
manage it is proposed that they should continue to observe the appropriate
management rules.
LEGAL ASPECTS
7.1
Under Section 169 (1) of the Local Government Act 1973 Comhairle Nan Eilean Siar
is empowered to operate the Burial Grounds (Scotland) Act 1855. This Act, in
Section 17, permits the general management of these burial grounds.
7.2
Under Section 31 of the Burial Grounds (Scotland) Act 1855, Comhairle Nan Eilean
Siar is obliged to keep a register of all burials in their burial grounds and the location
of such burials.
7.3
The Health and Safety at Work Act 1974 requires, inter alia, that the employer must
ensure the safety of their employees at work by maintaining safe plant, safe systems
of work and safe premises, and by adequate instruction, training and supervision.
The Act also requires that the employer ensure, as far as reasonably practicable,
that people not in their employment, who may be affected by that undertaking, are
not exposed to risks to their health or safety.
APPENDIX 1
RULES AND REGULATIONS FOR THE SANDWICK NEW CEMETERY
IN THE
PARISH OF STORNOWAY & COUNTY OF ROSS & CROMARTY
1.
In terms of the Burial Grounds (Scotland) Act 1855 Section 17 the general
management regulation and controls of the Sandwick New Cemetery, shall (subject
to the provisions of the said Act, and the regulations now made or which in future
may be made thereunder) be vested in and exercised by the County Council of Ross
and Cromarty.
For the purpose of more effectually exercising such management, regulation and
control the County Council shall annually appoint a Sub-committee one of whose
members shall be their Chairman, and two be a quorum, and such Sub-committee
shall possess and exercise all the powers of the Council in the intervals between its
meetings. The Sub-committee shall consist of the five town Councillors of the Burgh
of Stornoway who are members of the County Council and the County Councillor for
Stornoway (Central) Electoral Division.
2.
Under the County Council and Cemetery Sub-committee, the management
regulation and control of the Burial Ground shall be exercised by such party as they
may appoint, and through him all orders and instructions shall be conveyed to the
Keeper of the Grounds or others employed therein.
3.
The Registrar of Burials shall keep the Register Book required by the Act, Sec 31,
and shall enter therein all burials which shall be made in the ground distinguishing by
the number on the plan the exact lair or portion of the ground in which such burial
has been made, also the depth of the grave with the date of the burial. The
Registrar shall also keep such other books as the Act requires or that the Council
may prescribe.
4.
For the purpose of distinguishing the parts in which bodies shall be buried the
Cemetery is divided into sections alphabetically marked with each gravespace or lair
consecutively numbered on a plan which may be seen by application to the Registrar
or Caretaker.
5.
Each purchaser of a lair or lairs in the Cemetery shall upon full payment of the
purchase price as per Scale hereto annexed be furnished with a Registry Certificate
which Certificate will be held to confer on the purchaser the perpetual cost of burial
in the ground described therein, provided always that the right in such ground has
not passed to the heir or representative of such holder or any other person holding a
transfer in his favour, and recorded in the books of the County Council.
6.
The heir or representative of a deceased purchaser shall, on producing evidence of
their right of succession, be entitled to have their name inserted in the County
Council’s Register, and will obtain a transfer certificate on payment of the fee of five
shillings. The representative possessing such transfer certificate will be entitled to all
the rights of the original purchaser of the ground.
7.
The holder of a “Right of Burial” shall not be entitled to assign or convey the same in
such a way as that two or more persons shall be joint-holders of said rights and on
the decease of an intestate person holding a “Right of Burial”, the same shall devolve
upon his heir-in-law, but in the event of his succession opening to heirs portioners,
the eldest alone shall succeed and failing children, to the representative of a
deceased intestate procurator in the nearest degree according to the rules or
heritable succession in Scotland, always subject to a prior and exclusive right of
burial for a surviving widow.
8.
One person shall only be recorded as the proprietor of any one heir. Purchasers of
ground shall not be entitled to sell the same, nor shall they, for pecuniary
consideration, be permitted to inter any stranger in their ground. A purchaser
wishing to surrender any part of his ground that he has not used, it shall be in the
option of the County Council to take back such ground, but the price to be paid shall
in no case exceed the original price paid without interest.
9.
Before any interment takes place, particulars shall be lodged with the Registrar of
Burials (as speedily as possible after death, but not later than noon of the lawful day
preceding the burial), specifying the name, age and residence of the person to be
interred, with the times at which the interment is to take place and such other
particulars as the Sub-committee may require. The Registrar of Burials shall on
payment of the appropriate interment fee for gravedigging grant an order to the
gravedigger to prepare a grave.
10.
All graves shall be opened by the Keeper of the Cemetery, or other person
authorised by the Sub-committee. No grave is to be opened without an order from
the Registrar of Burial, as prescribed in Rule XX. If in opening a grave, bones are
come upon, they are to be carefully laid aside, and thereafter placed around the
newly laid coffin.
11.
No grave is to less than five feet deep. One grave only will be allowed in each
breadth of three feet. A lair will consist of nine feet by three feet. No grave can be
opened within two feet of the boundary wall. No additional interment in the same lair
shall be permitted within a period of not less than fifteen years of the previous
interment.
12.
No person shall be entitled to purchase or hold over six lairs, unless with the special
consent of the County Council.
13.
When the persons last registered as a holder of a “Right of Burial” has made no
interment in such ground for 25 years and has ceased to reside in the Lewis and that
no monument or headstone distinguish the grave or graves, the “Right of Burial” shall
lapse and the ground revert to the County Council as if such right of burial had never
been granted. It always being provided that the notice thereof be exposed in window
of Sexton’s House and the Registrar of Burials Office for Six Months prior, and that a
copy of said notice has been mailed to the last known address of the last holder.
14.
No tomb, monument, inscription, rail, fence, chain or erection of any kind, nor
planting of any description, shall be permitted on the lairs until approved of by the
Cemetery Committee to whom a written statement with drawings or sketch of what is
proposed shall be submitted. All tombs and monuments etc.. must be founded at
such depth, and in such manner as may be approved of through the Keeper of the
Ground acting under the instructions of the Sub-committee. Tombs, monuments and
all other erections must be kept in good order and repair by the owners thereof or
their representatives and should they fail to make any repairs that may be called for
by the County Council within Six Months, the County Council may at their expense
have these done to the extent deemed necessary and the County Council shall be
entitled to recover the cost thereof by ordinary process of law. No interment shall
take place in the ground of any Owner liable in such expenses until the same is first
paid. No monument or other erection shall be built or fitted in the boundary wall.
Owners of adjoining lairs may erect a mutual railing or enclosure on obtaining the
approval of the Cemetery Sub-committee.
15
Any purchaser or proprietor of a lair or lairs, may decorate these subject to the
satisfaction of the Cemetery Keeper and afterwards regularly attend to and preserve
in good order, otherwise the same at the discretion of the Sub-committee may be
sown down in grass.
16
In terms of the Burial Ground Act and its approved of by Sheriffs Inspectorate of 13th
January 1887, the part shown in blue colour upon the copy of the Plan of Burial
Ground signed by the Sheriff relative to these rules is a part wherein the County
Council may sell the exclusive right of burial either in perpetuity or for a limited
period, and also the right of constructing any chapel, vault or place of burial with the
exclusive right of burial therein in perpetuity or for a limited period, and also the right
of erecting and placing any monument, gravestone tablet or monumental inscription.
The part coloured pink upon the Plan above mentioned is for free burial. In this free
ground no right in perpetuity or of exclusive possession will be granted and no
payment for burials therein will be required, except the prescribed interment fees.
17
In the free ground, burial shall only take place in such parts thereof and in such order
therein, as may be pointed out by the Keeper under the discretion of the Subcommittee, but the County will guarantee that the bodies buried therein will not be
disturbed , unless for the interment of relatives, within at least a period of 15 years.
The County will also endeavour to preserve in this free ground a vacant space on
either side of the grave of a husband or wife in order that the surviving husband or
wife as the case may be, can be interred therein. It being always understood,
notwithstanding, that the right to select spaces for graves in it is primarily and
exclusively in the hands of the County or its Cemetery Sub-committee. Erections of
any kind will on no account be permitted on the free ground, but surviving relatives
will be allowed at any time to remove Remains therefrom to purchased ground
provided by the County Council’s Medical Officer will certify to the safety thereof.
18
The Keeper must remove to a place to be pointed out, all stones turning up at the
opening of new graves. He shall also be bound to keep all the walks within the
Cemetery in good order. The necessary periodically cutting of grass and rooting of
weeds throughout the entire ground he is regularly to attend to and he shall be
bound to perform any other work or improvement within the Burial Ground that the
Sub-committee may require. The Keepers engagement within the County can only
terminate upon three months notice when a period will be applicable to either party to
the engagement.
19.
On applying to the Keeper orderly visitors will be admitted to the Cemetery on week
days during the summer from 10am to 8pm and in the winter from 10am 4pm, and
on Sabbaths from the hours of 1 to 2pm and 4 to 6pm. Visitors must confine
themselves to the walks, and on no account trespass upon the shrubbery of grass,
or pull flowers or touch or injure shrubs or trees further. They are strictly prohibited
from daubing or otherwise marking tombstones or enclosures. No person will be
allowed to enter or leave the Cemetery except by the entrance gates. Children
under twelve years of age must be accompanied by their parents or guardians.
Dogs shall on no pretext whatsoever be admitted into the ground. No inebriated or
riotous person shall be allowed into the Cemetery and the Keeper shall be entitled to
remove any who may conduct themselves improperly.
20.
No interments shall be allowed to take place on Sabbath except in cases of
emergency, and that with the consent in writing of at least two members of the
Cemetery Sub-committee and then no further work than is necessary in connection
with the opening and filling in of graves shall be permitted.
21.
Should any dispute or difference arise between the servants of the County Council
and lair-holders or as to the real intent, meaning, or interpretation of these Rules and
Regulations or Table of Fees, or in any way regarding the Cemetery, the same shall
be taken up and disposed of by the Cemetery Sub-committee whose decision shall
be final and conclusive.
22.
The County Council shall be at liberty to alter any of the Rules and Regulations now
adopted provided that three months previous written notice be given of all such
proposed alterations at a duly constituted meeting of the County Council.
PRICES OF GROUND IN CEMETERY
Section or
Class
One Lair
Two Lairs
Three
Lairs
Four Lairs
Five Lairs
Six Lairs
H
£3
£4 10/ -
£6
£7 10/ -
£9
£10 10/ -
I
£2 5/ -
£3 15/ -
£4 5/ -
£4 15/ -
£5 10/ -
£6
K
£2
£2 10/ -
£3
£3 10/ -
£4
£4 10/ -
L
£1 15/ -
£2
£2 10/ -
£3
£3 10/ -
£4
M
£1 10/ -
£1 15/ -
£2 5/ -
£2 10/ -
£2 15/ -
£3
N
£1 5/ -
£1 10/ -
£1 15/ -
£2
£2 5/ -
£2 10/ -
O
£0 7/6
£0 12/6
£0 17/6
£1 2/6
£1 7/6
£1 10/
R
£2 10/ - each
(1953 Extension)
SCALE OF INTERMENT FEES
For Children under 16 years of age ...................................10/For Adults ..........................................................................£1
OLD BURIAL GROUND (SANDWICK)
The County Council have fixed the scale of Interment Fees for the Old Sandwick
Burial Ground as follows:
For Children under 16 years of age ...................................10/For Adults ..........................................................................£1
It has been resolved by the County Council that after the 12th day of January Eighteen
Hundred and Eighty Eight, there shall be no graves opened in the old burial ground except
by the keeper of the cemetery or other person appointed by the County Council; also, that
on and after this date (10th March 1887) no part of the old burial ground is to be allotted to
any person who has no burial place therein already, nor will any person or person who have
such a burial place be allowed to take up any fresh or separate portion of ground not
contiguous to that which is now clearly and indisputably admitted to be theirs. No transfer
right or supposed right can be recognised or admitted by the County Council until the same
has been consented to by the said County Council, or its Cemetery Sub Committee. The
County Council consider it important, in the public interest, that the rules and regulations
they have framed and adopted for the new burial ground as to management and supervision
should also be enforced regarding the old ground so far as these, in the judgement of the
County Council shall be found to be applicable
18th March 1954
APPENDIX 2
COMHAIRLE NAN EILEAN SIAR
MANAGEMENT RULES FOR COMHAIRLE OWNED CEMETERIES
INTRODUCTION
1.1
Comhairle Nan Eilean Siar has made the following Rules and Regulations for
the management of cemeteries in the Western Isles in terms of Section 17 of
the Burial Grounds (Scotland) Act 1855 and Section 112 of the Civic
Government Scotland Act 1982 which shall apply to all cemeteries owned by
the Comhairle.
1.2
“The Management Rules for Comhairle Owned Cemeteries” supplements the
“Conditions of Contract” and “Specifications for Grounds Maintenance and
Gravedigging in Cemeteries” which form the basis for contracts let by the
Comhairle for grave digging and grounds maintenance in a range of
cemeteries. These contracts are currently undertaken by the Cleansing
Section based in Technical Services.
1.3
Under Comhairle Nan Eilean Siar and the Environmental and Protective
Services Committee, the “Management Rules for Comhairle Owned
Cemeteries” shall be exercised by The Director of Technical Services or such
other party as they may appoint, and through him all orders and instructions
shall be conveyed to the Appropriate Officers and staff employed in the
maintenance of cemeteries.
INTERPRETATION OF TERMS
2.1
In these regulations the following words and expressions shall have the
meanings assigned to them below.
a)
“The Comhairle” means Comhairle Nan Eilean Siar whose principal offices
are located at Sandwick Road, Stornoway, Isle of Lewis, HS1 2BW.
b)
Appropriate Officer means the person or persons for the time being appointed
by the Comhairle in that designation responsible for the good management of
Burial Grounds.
c)
“Casket Plot” means a plot reserved for the interment of cremated remains
only.
d)
“Lair” means any grave or plot.
e)
“Memorial” means any Gravestone, Headstone, Tomb, Monument, Cross,
Flat Stone, Paving, or other monumental works or any flower vase with
inscription or any other erection erected, constructed, placed or laid (for the
purpose of a memorial) over or upon any grave.
f)
“Ordinary grave” means a grave in which the exclusive right of burial has not
been purchased.
g)
“Private grave” means a grave in which the exclusive right of burial has been
purchased in perpetuity.
h)
“Lair holder” means that person who has purchased or inherited or been
granted the exclusive right of burial in a private grave.
THE EXCLUSIVE RIGHT OF BURIAL
3.1
For the purpose of distinguishing the parts of the cemetery in which
interments shall be made, the responsible person shall keep a plan of the
cemetery and such plan shall show clearly the sections of the cemetery with
each lair consecutively numbered. The plan shall be available for inspection
by the public on application to the Appropriate Officer.
3.2
The Appropriate Officer shall keep the Register as required by the Burial
Grounds (Scotland) Act 1855, Section 31, and shall enter therein all burials
which shall be made in the ground distinguishing by the number on the plan
the exact lair or portion of the ground in which such burial has been made, the
depth of the grave and the date of burial. The Appropriate Officer shall also
keep such other records as the Act requires or that the Comhairle may
prescribe.
3.3
Where such records are held in electronic form, they should be securely held
on the Comhairle server.
3.4
The exclusive right of burial shall, subject to the rules and regulations, be sold
at the rate or rates fixed by the Comhairle from time to time and a payment of
the appropriate amount shall be made before a burial takes place.
3.5
The Director of Technical Services shall have delegated powers to fix the rate
or rates at which exclusive rights of burial are sold, the rates to be charged for
interments and the rates to be charged for erection of memorials.
3.6
Purchased lairs shall be allocated in rotation at the discretion of the
Appropriate Officer of the Comhairle. Only such lairs as are numbered on the
cemetery plans shall be allocated.
3.7
No person shall, at any one time, be entitled to purchase, or hold the
exclusive right of burial in, more lairs than that required for the interment of
four adults.
3.8
The appropriate officer shall furnish the purchaser with a lair certificate
describing the lair. Lair holders duly registered with the Comhairle shall have
exclusive right of permitting the lair to be opened and the production of a
certificate will be held as sufficient authority. Except in the case of trustee’s,
one person only shall be registered as the holder of a lair or lairs. No lair
holder shall be entitled to transfer any or all of his lairs during his lifetime
without the sanction of the Comhairle.
3.9
No deed of grant or exclusive right of burial shall be granted in respect of an
ordinary grave.
3.10
No memorial shall be laid on or over ordinary graves and the Comhairle
reserves all surface rights.
3.11 On the death of the lair holder the exclusive right of burial in a lair shall, in the
absence of a specific bequest, pass to the successor in terms of the
Succession (Scotland) Act 1964. Any person claiming right to a lair by
succession shall on production of evidence sufficient to establish the claim
and on payment of the appropriate fee, and there being sufficient room in the
lair be entitled to have his or her name entered in the register of lair owners
endorsed on the original lair certificate or certificate of registration and such
persons shall be entitled to all the rights and privileges of the original lair
owner. Joint succession to or division of the exclusive right of burial is
expressly prohibited.
3.12
The holder of the exclusive right of burial in a lair shall not be entitled to sell or
assign the same for pecuniary consideration, nor shall they be permitted to
inter any stranger in their ground.
3.13 On the death of the person in whose name a lair is registered the right of
burial in such a lair shall require to be transferred to the beneficiary or other
successor before being used for further interments. The Comhairle shall not
be held responsible for any error or misunderstanding as to the person
entitled in the register as beneficiary or successor or as to a person entitled to
the right of burial in any lair.
3.14
In the event that a holder of the exclusive right of burial wishes to surrender
any part of his ground that he has not used, the Comhairle may, at its sole
discretion, take back such ground, but the price to be paid shall in no case
exceed half the current price for each lair surrendered.
3.15
In the event that the person last registered as holder of the exclusive right of
burial in lairs has made no interment in such lairs for 25 years and has
ceased to reside in the Western Isles and that no monument or headstone
distinguish the lairs, the Appropriate Officer may advise that the exclusive
right of burial shall lapse and the ground shall revert to the Comhairle as if
such exclusive right of burial had never been granted. Prior to such repossession the Comhairle shall send a notice of intent to repossess such lairs
to the last known address of the lair holder and shall in addition publish, in
two newspapers circulated in the Western Isles, notice of their intent to
repossess such lairs.
INTERMENTS
4.1
All interments must be authorised by the Comhairle prior to funeral
arrangements being publicly announced and the Appropriate Officer shall on
payment of the appropriate interment fee for gravedigging, where such fee is
applicable, instruct the gravedigger to prepare a grave.
4.2
Notice of interment must be given to the Local Comhairle Office as early as
possible and in any event at least forty eight hours notice excluding Saturday,
Sundays and Public Holidays must be given for the proposed interment. This
notice shall not apply in cases of death from epidemic disease, or other
interments required to take place immediately upon the certificate from a
Procurator Fiscal or from a Medical Practitioner.
4.3
Any notice should state the name and address, age and date of death of the
deceased, the relationship of the deceased to the lair holder, the residence at
the time of death and the day and hour of interment and any other such
information deemed necessary by the Comhairle from time to time.
4.4
Any orders or instructions given by telephone will be received at the sole risk
of the person giving such instructions. The Comhairle will not be responsible
for any loss or misunderstanding which may arise with regard to orders or
instructions given by telephone unless such orders or instructions are
immediately confirmed in writing to the Comhairle Office. The Comhairle will
not be liable for any failure in arrangements for burial due to circumstances
beyond the Comhairle’s control.
4.5
The body of a deceased person will not be accepted for disposal by burial
unless such body is properly enclosed in a suitable coffin.
4.6
No coffin shall be removed from any grave with a view to making room for a
new interment.
4.7
No coffin shall be buried in a lair unless separated from any other coffin
already in the lair by means of a layer of earth not less than 150 mm in
thickness. No coffin shall be interred nearer than 750 mm from the foundation
or any part of a boundary or other wall or building of any cemetery. The
depth of burial from the surface to the top of the coffin should meet the
current legislation.
4.8
Where conditions allow, lair holders should be encouraged to accommodate
two burials in every private grave, observing the requirements for sufficient
depth and cover as at 4.7 above.
4.9
The minimum dimensions of a lair shall be 900 mm wide by 2,700 mm long.
The number of burials which can be accommodated in any particular lair
cannot be guaranteed in some areas. This will be subject to ground
conditions and the discretion of the Appropriate Officer whose decision shall
be final. The Comhairle shall keep registers in which shall be recorded 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 requisite particulars.
4.10
A plan of the cemetery and the table of interment fees and other charges
shall be kept at a local Comhairle Office. All fees and charges in connection
with the interments, lairs, lair certificates etc. shall be acknowledged on an
official printed receipt form.
4.11
The funeral director shall be responsible for the provision of sufficient bearers
to convey the coffin reverently from the hearse to the graveside and for
lowering the coffin into the grave. If persons acting on behalf of the Comhairle
are asked to assist, neither they nor the Comhairle will be held responsible for
damage to the hearse or coffin.
AREAS FOR INTERMENT OF CREMATED REMAINS
5.1
In addition to normal lairs which may be used for the interment of cremated
remains, designated areas for the interment of cremated remains may be
provided in some cemeteries.
5.2
The exclusive rights to the lair will be sold with the right to erect a memorial
which shall be restricted in width to 75 mm less than the width of the lair at
which it is to be erected and a maximum height of 1500 mm. The base of the
memorial may contain a flower vase holder. No other forms of memorials,
vases or planting will be allowed on the lair space. Any proposed variations to
these measurements to be by written request to the Appropriate Officer who
shall at his / her sole discretion have powers to waive or modify this
regulation.
5.3
Application for the interment of cremated remains must be made in the same
manner and providing the same information as in section 4 above.
5.4
Cremated remains must not be scattered in any part of the cemetery.
MEMORIALS
6.1
The erection of memorials shall only be permitted on purchased lairs.
6.2
A lair holder shall be entitled to have a memorial erected but such memorial
shall not intrude in any way over that part of the lair to be opened for burial.
No memorial shall be erected within any burial ground until a plan or sketch
thereof showing suitable scale has been submitted and approved by the
Appropriate Officer. The maximum height of any memorial shall be 1.5 metres
and no monument shall exceed 450 mm in depth or 900 mm in width,
including the base, on a single lair. Any proposed variation of these
measurements must be by written request to the Appropriate Officer who
shall at his full discretion have powers to waive or modify this regulation.
6.3
A lair holder is liable for the risks of any damage by or to any monument
memorial on the lair. Space for flower vases will be permitted within 450 mm
of the base of the headstone. The Comhairle will not be responsible for any
loss or damage to such vases. Glass or pottery containers will not be allowed.
Where planting is permitted at the discretion of the Appropriate Officer, then it
shall be confined to within 450 mm of the base of the headstone.
6.4
The lair holder shall keep memorials clean and in a safe condition of repair of
which the Appropriate 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 the Comhairle shall be entitled, at the holder’s expense, either
to repair the memorials or to cause to have them removed and until the cost
of such repairs or removals are paid the right to use the lair shall be withheld.
No planting of any nature including trees, shrubs, bulbs, herbaceous or
annual plants shall take place.
6.5
The application for the erection of a memorial must be approved by the
Appropriate Officer and must conform with the administrative requirement of
the Comhairle.
6.6
All work in connection with the erection of any memorial shall be carried out to
the satisfaction of the Appropriate Officer and the whole expense of such
erection and the making good of any damage to the Comhairle or any
property shall be borne by the person instructing the erection of such
memorial. Foundations for all memorials must be constructed in accordance
with such recommendations issued by the National Association of
Monumental Masons from time to time. Memorials are erected at the owner’s
own risk and the Comhairle will not be responsible for loss or damage.
6.7
The section and number of a lair must be cut clearly upon the side of the
memorial at the expense of the person erecting the memorial.
6.8
No memorial or part thereof shall be removed from the cemetery without
notification to the Comhairle.
6.9
No operation of any kind shall be permitted inside the cemeteries without the
sanction of the Appropriate Officer who must be satisfied that the authority of
the lair holder has been obtained before work commences.
6.10
Charges for permission to erect and place any memorial in the cemetery or to
make any inscription shall be in accordance with the rates determined from
time to time by the Comhairle.
GENERAL
7.1
The hours when any cemetery shall be opened and closed shall be such
hours as may from time to time be intimated by notices displayed at or near
the principal entrances.
7.2
The Comhairle may by notices posted at or near the place to which it refers
close any part to the public for such time as it may consider necessary.
7.3
No person shall enter or leave any cemetery except by the entrances and
exits provided for that purpose.
7.4
No person shall enter or wilfully remain in the cemetery except during the
hours in which same is open to the public as agreed from time to time by the
Comhairle.
7.5
Children under sixteen years of age must be accompanied by their parent,
guardian or an adult.
7.6
No dogs shall be admitted with the exception of guide dogs.
7.7
Memorial wreaths shall be removed at the discretion of the Appropriate
Officer.
7.8
No kerbs, stones, footstones, railings, chains or fences will be permitted on
lair spaces within the cemetery.
7.9
No person shall unlawfully interfere in any way with a lair.
VEHICLES
8.1
Car Parking facilities provided by the Comhairle for the convenience of
patrons shall only be available during such times as the facilities of the
cemetery are being used. In all cases the directions of the Appropriate Officer
must be complied with and all vehicles must be driven at a reasonable speed
and with due care and attention.
8.2
The Comhairle shall not be held responsible for damage to vehicles or other
property left in the car parking area however such damage may be caused.
8.3
Vehicles conveying memorials or goods into the cemetery ground will only be
allowed with the consent of the Appropriate Officer. The person or persons in
charge of such vehicle must comply with the directions of the Appropriate
Officer as to the route to be followed within the grounds.
PREVENTION OF NUISANCE
9.1
No person shall:
a)
Use offensive language or behave in an offensive disorderly or
insulting manner whilst in the cemetery.
b)
Wilfully or carelessly obstruct disturb or corrupt any officer or employee
of the Comhairle in the exercise of his / her duties or in the execution
of any works.
c)
Wilfully or carelessly interfere with any other person using the facilities
provided by the Comhairle in any cemetery or behave in such a
manner as to endanger their own or any other person’s safety.
d)
Disobey any proper instructions given by any Appropriate Officer to
ensure the safety and comfort of all persons using the cemetery.
e)
Bring into the cemetery any object or objects which may be considered
by any member of the cemetery staff to be dangerous.
f)
In any cemetery climb upon any tree, shrub, wall, fence or railing or
upon any memorial, fountain, statue building or other structures.
g)
Wilfully break, damage, deface, disfigure, tamper with or improperly
soil any tree, shrub, wall, fence, railing, memorial, fountain, statue,
building or other structure in the cemetery.
h)
Wilfully or carelessly damage destroy or improperly soil any article
supplied for use by the Comhairle.
i)
Retain or remove any article supplied by the Comhairle after it has
been used.
9.2 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
decision of the Appropriate Officer shall be final.
9.3 The Comhairle shall be at liberty to alter these rules and regulations or any part
of them from time to time as they see fit and to make and enforce such others
if they think this necessary for the proper or better management of the
cemeteries.
PENALTIES
10.1
Any person who has persistently contravened or attempted to contravene the
foregoing management rules and is in the opinion of the Comhairle likely to
contravene or attempt to contravene them again shall be made the subject of
an exclusion order in terms of Section 117 of the Civic Government
(Scotland) Act 1982.
10.2
Any person who :
On being required to leave any cemetery by an Appropriate Officer of
the Comhairle who has reasonable ground for believing that the person
has contravened or is contravening or is about to contravene any of
the foregoing management rules fails to leave,
or
On being informed by the Appropriate Officer, who has reasonable
grounds for believing that the person is about to contravene any of the
foregoing management rules applying to any cemetery that he is
excluded from, enters or attempts to enter the cemetery,
or
Being a person subject to an exclusion order under Section 117 of the
Civic Government ( Scotland Act) 1982 enters or attempts to enter the
cemetery to which the exclusion order relates, shall be guilty of an
offence and liable to summary conviction to a fine not exceeding level
1 of the standard scale of fines referred to in Section 225 of the
Criminal Procedure (Scotland) Act 1995.
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