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Status:
This version of this provision is prospective.
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Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Burial and Cremation (Scotland) Act 2016, Section 34.
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Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
34Notification where right-holder cannot be foundS
This section has no associated Explanatory Notes
(1)This section applies where—
(a)a burial authority gives notice under subsection (2) of section 33 but does not receive notice from the right-holder by virtue of subsection (3)(b) of that section, or
(b)a burial authority is unaware of, or unable to ascertain, the name and address of the right-holder for the purpose of giving notice under subsection (2) of that section.
(2)The burial authority must give notice in the prescribed form and the prescribed manner of the authority's proposal to restore the lair to use.
(3)A notice under subsection (2) must—
(a)contain prescribed information,
(b)comply with prescribed requirements, and
(c)specify a prescribed period within which a person may object to the authority's proposal to restore the lair to use.
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