PART 1Burial

Lair: restoration to use

33Notification: right-holder

1

This section applies where none of the persons consulted under section 32(4) objects to a burial authority's proposal to restore a lair to use.

2

If the burial authority is aware of the name and address of the right-holder or able, after reasonable enquiry, to ascertain them, the authority must give notice to the right-holder of the matters mentioned in subsection (3).

3

The matters are—

a

the authority's proposal to restore the lair to use,

b

the right-holder's right to consent or object to the proposal by giving notice in writing to the authority of the consent or objection within the prescribed time limit,

c

any prescribed documents which the right-holder should give to the authority,

d

an explanation of the consequences of consenting or objecting to the proposal,

e

the right-holder's obligations in relation to the maintenance of the lair, and

f

any costs for which the right-holder is liable in respect of maintenance.

4

Notice under subsection (2) must be given in the prescribed form and the prescribed manner.

5

If by virtue of subsection (3)(b) the burial authority receives notice of the right-holder's objection to the authority's proposal to restore the lair to use—

a

the authority may not proceed with its proposal, and

b

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