Institutional Burials Act 2022
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Membership of Advisory Board | ||
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14. (1) Subject to subsection (4), an Advisory Board shall consist of 6 members, appointed in accordance with section 15 , being— | ||
(a) a chairperson, | ||
(b) 2 members having scientific expertise, | ||
(c) a member being a person who is a member of staff of the local authority in which the principal burial land concerned is situate, | ||
(d) a member being a person who considers that he or she is a family member of a deceased person believed to be buried in the principal burial land concerned, and | ||
(e) a member being a former resident of the institution concerned. | ||
(2) Where there is no person referred to in subsection (1)(d) for appointment or suitable for appointment under section 15 but there is more than one former resident referred to in subsection (1)(e) who is suitable for appointment under that section, the relevant Minister shall appoint a second former resident to be a member for the purposes of subsection (1)(d). | ||
(3) Where there is no former resident referred to in subsection (1)(e) for appointment or suitable for appointment under section 15 but there is more than one person referred to in subsection (1)(d) who is suitable for appointment under that section, the relevant Minister shall appoint a second person referred to in subsection (1)(d) to be a member for the purposes of subsection (1)(e). | ||
(4) Subject to subsection (5), a relevant Minister may determine that an Advisory Board shall consist of fewer than 6 members where he or she is of the view there are good reasons for so determining in particular having due regard to matters such as— | ||
(a) the functions of the Director, | ||
(b) the size of the principal burial land concerned and the complexity of the relevant works to be conducted on that land, | ||
(c) the nature of the institution concerned, | ||
(d) the absence of any living persons who consider that they are a family member of deceased persons believed to be buried in the principal burial land concerned, | ||
(e) the absence of any living former residents of the institution concerned, | ||
(f) the fact that there is no person referred to in subsection (1)(d) who is willing to be, and is suitable for appointment as, a member, and | ||
(g) the fact that there is no former resident referred to in subsection (1)(e) who is willing to be, and is suitable for appointment as, a member. | ||
(5) Where a relevant Minister makes a determination under subsection (4), there shall, at a minimum, be— | ||
(a) a chairperson, and | ||
(b) where there is a person or former resident referred to in paragraph (d) or (e) of subsection (1) still living, a member or members referred to in each of those paragraphs or, where applicable in accordance with subsections (2) and (3), two members from among such persons or former residents, where the Minister considers the person or persons are suitable for appointment under section 15 . |