Institutional Burials Act 2022
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Obligation to notify An Garda Síochána and coroner of certain evidence | ||
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36. (1) This section applies where, during the course of carrying out the activities referred to in section 35 (2)(b), evidence emerges that human remains— | ||
(a) were buried in the principal burial land or ancillary burial land, as the case may be, following death in violent or unnatural circumstances, or | ||
(b) are not those of a person or persons who died while resident at the institution concerned. | ||
(2) A Director shall, without delay, notify a member of An Garda Síochána and the coroner within whose district the human remains are located, where evidence referred to in subsection (1) emerges. | ||
(3) On being notified under subsection (2), the coroner concerned may either— | ||
(a) confirm to the Director that he or she can proceed with relevant works on the principal burial land or ancillary burial land, or both, as the case may be, subject to such conditions or directions, or both, as may be specified by the coroner, or | ||
(b) where he or she considers it necessary for the purposes of making a determination as to the cause of death, direct the Director concerned to suspend relevant works on the principal burial land or ancillary burial land, or both, as the case may be. | ||
(4) A Director shall comply with conditions or directions, or both, as the case may be, specified by a coroner under subsection (3). |