Burial and Cremation (Scotland) Act 2016

38 Restoration to use without extinguishment of right

(1) This section applies where—

(a) a burial authority has given notice under section 33(2) or, as the case may be, 34(2) in relation to a lair,

(b) the right-holder informs the authority that the right-holder—

(i) agrees with the authority’s proposal that the lair be restored to use, but

(ii) wishes to retain the right-holder’s right of burial in the lair.

(2) The authority must establish whether it would be practicable for the authority to make the lair available for burials.

(3) For the purposes of subsection (2), the authority may—

(a) carry out excavations of the lair,

(b) open or move any tomb or other structure that is in or on the lair,

(c) exhume any human remains that are buried in the lair.

(4) If the authority exhumes any human remains under subsection (3), it must rebury them in the lair as soon as practicable after their exhumation.

(5) The right-holder is liable for—

(a) any costs incurred by the burial authority by virtue of subsections (2) to (4), and

(b) any costs incurred by the burial authority in making the lair available for burials.