Institutional Burials Act 2022

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Functions of Director

10. Subject to section 7 (6), the functions of a Director are:

(a) to manage and control generally the staff, administration and business of the Office;

(b) having obtained the necessary consents or court orders referred to in paragraph (d), to—

(i) identify the expertise required to assist him or her in performing his or her functions, and engage, under section 19 , the services of persons with that expertise,

(ii) arrange for the forensic excavation and recovery of human remains buried in, having regard to the matters set out in section 8 (1), a manifestly inappropriate manner on principal burial land,

(iii) arrange for the post-recovery analysis of human remains after forensic excavation and recovery of those remains,

(iv) arrange for the carrying out of remedial works to the land on completion of the recovery of human remains from the land, and

(v) arrange for the conducting of any necessary works related to subparagraphs(ii) to (iv);

(c) to make final arrangements for human remains recovered from principal burial land;

(d) where necessary, to seek the consent of the owner and occupier, or apply to court for an order under section 86 , to enable the Director to carry out such works on the principal burial land as are necessary for the performance of his or her other functions;

(e) where necessary, to seek the consent of the owner and occupier of ancillary burial land to the performance by the Director of functions, equivalent to the functions he or she has in relation to the principal burial land, over that ancillary burial land;

(f) where necessary, to seek the consent of the owner and occupier of ancillary land to the Director carrying out related activities on that land;

(g) where the consent of an owner or occupier referred to in paragraph (e) or (f) is not given, to apply to court for an order under section 88 or 90 ,as the case may be;

(h) having obtained the necessary consents or court orders—

(i) to perform functions, equivalent to the functions he or she has in relation to the principal burial land, in relation to the ancillary burial land, and

(ii) to carry out related activities on ancillary land;

(i) where applicable, to agree compensation under Part 5 ;

(j) to provide regular updates on the performance of his or her functions to persons who consider that they are related to persons thought to be buried in principal burial land and, where applicable, ancillary burial land;

(k) to provide information, where he or she considers it appropriate to do so, relating to the performance of his or her functions to other stakeholders and to the public;

(l) where the Government specify in an order under section 7 , any of the following functions:

(i) arranging for forensic excavation and recovery of other human remains buried in principal burial land which are not buried in a manifestly inappropriate manner but which the Government consider should, in all the circumstances, also be recovered;

(ii) carrying out an Identification Programme in accordance with Part 4 ;

(iii) such other functions as the Government considers are reasonably required for the purposes of enabling the Director to perform—

(I) any of the functions referred to in paragraphs (a) to (k), and

(II) the functions referred to in subparagraph (i) or (ii) ,or both, where specified in the order.