Grant of burial rights and rights to erect memorials, and agreements for maintenance

10.-(1) A burial authority may grant, on such terms and subject to such conditions as they think proper

(a) to any person -

(i) the exclusive right of burial in any grave space or grave, or the right to construct a walled grave or vault together with the exclusive right of burial therein; or

(ii) the right to one or more burials in any grave space or grave which is not subject to any exclusive right of burial;

(b) to the owner of a right described in (a(i) or (ii) (or to any person who satisfies them that he is a relative of a person buried in the grave or vault, or is acting at the request of such a relative and that it is impractical for him, or such relative, to trace the owner of the right so described), the right to place and maintain, or to put any additional inscription on, a tombstone or other memorial on the grave space, grave or vault in respect of which the right so described subsists;

(c) to any person, the right to Place and maintain a memorial in a cemetery otherwise than on a grave space; grave or vault in respect of which a right described in (a)(i) has been granted, but

(i) in the case of a memorial to be placed in a chapel provided as mentioned in article 6(1)(b), only at the request of persons appearing to the burial authority to be representative of the Church of England or other particular denomination or religious body at whose request the chapel was provided; and

(ii) in the case of any other memorial being an additional inscription on an existing memorial, only with the consent of the owner of the right to place and maintain such existing memorial.

(2) Subject to paragraph (3), a right under paragraph (1), other than a right described in (a)(ii), shall subsist for the period specified in the grant, being a period beginning with the date of the grant and not exceeding 100 years.

(3) Where any exclusive right of burial in any grave space; or any right to construct a walled grave or vault together with the exclusive right of burial therein, granted under paragraph (1) or under article 9(1) of the order of 1974 for a period exceeding 75 years has not been exercised before the expiration of 75 years from the date of the grant, the burial authority may serve notice on the owner of the right of its liability to determination under this paragraph, and the right shall determine by virtue of the notice unless, within 6 months of the date of service, the owner of the right notifies the authority in writing of his intention to retain it.

Where the burial authority are entitled to serve a notice under this paragraph in respect of any right, but the specified circumstances exist in respect of the owner of the right,. they may instead

(a) display the notice in conspicuous positions at the entrances to the cemetery; and

(b) publish the notice in two successive weeks in the newspaper or newspapers which in their opinion would secure the best publicity in the area served by the cemetery,

and this paragraph shall then have effect as if the notice had been duly served on the date on which it was first published pursuant to item (b).

(4) A burial authority may from time to time extend the period of any grant under paragraph (1) or under paragraph (1) or article 9 of the order of 1974 or any enactment replaced by that provision (subject, if they think fit, to any modifications of its terms or conditions) for up to 100 years from the date on which the extension is granted.

(5) The burial authority may, at the expiration of the period of any grant under (b) or (c) of paragraph (1) or under (b) or (c) of paragraph (1) of article 9 of the order of 1974 or any enactment replaced by those provisions, or of any extension of such period

(a) move to another place in the cemetery; or

(b) remove from the cemetery, for preservation elsewhere or for destruction, any tombstone or other memorial which has not been removed from the cemetery by the owner of the right to place and maintain it in the cemetery.

(6) No body shall be buried, or cremated human remains interred or scattered, in or over any grave or vault in which an exclusive right of burial for the time being subsists except by, or with the consent in writing of, the owner of the right.

This paragraph shall not extend to the body, or remains, of the person who immediately before his death was the owner of the right; or any other person specified in the deed of grant or in an endorsement thereon made at the request of the owner for the time being of the right by the officer appointed for that purpose try the burial authority.

(7) A burial authority shall also have the power to agree with any person, on such terms and conditions as they think proper, to maintain any grave, vault, tombstone or other memorial in a cemetery for a period not exceeding 100 years from the date of the agreement.

Any agreement under section 1(1)(a) of the Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1974 shall have effect as if it had been entered into under this paragraph.

(8) Rights granted under paragraph (1) or under paragraph (1) or article 9 of the order of 1974 or enactments replaced by that paragraph shall be exercisable subject to and in accordance with the provisions of Part 1 of Schedule 2.

The provisions of Part 11 of that Schedule shall have effect with respect to grants under Paragraph (1), the extension of the period of such grants and grants made under paragraph ( 1) or article 9 of the order of 1974 or any enactment replaced by that paragraph and the registration of, and other matters concerning, rights granted under any such paragraph or enactment.

The provisions of Part 111 of the said Schedule shall have effect for the purpose of enabling a burial authority to terminate the rights and agreements described in paragraph 1 thereof.