Institutional Burials Act 2022

Public body and consent to relevant works and related activities

84. (1) A public body which is the owner or occupier of principal burial land or ancillary burial land shall be deemed to have consented as owner or occupier, as the case may be, to the carrying out of relevant works on the land concerned.

(2) A public body which is the owner or occupier of ancillary land shall be deemed to have consented as owner or occupier, as the case may be, to the carrying out of related activities on that land.

(3) A Director shall—

(a) where relevant works are to be carried out on principal burial land or ancillary burial land that is owned or occupied by a public body, by notice in writing inform the public body of his or her intention to carry out relevant works on the land,

(b) where related activities are to be carried out on ancillary land that is owned or occupied by a public body, by notice in writing inform the public body of his or her intention to carry out related activities on the land,

(c) specify in a notice under paragraph (a) or (b), the estimated duration of the relevant works or related activities, as the case may be, on the land concerned,

(d) where the public body is both the owner and occupier of the land to which a notice under paragraph (a) or (b) relates, state in the notice the date on which it is intended that the relevant works or related activities, as the case may be, shall commence on the land concerned,

(e) where the public body is not the owner and occupier of the land to which a notice under paragraph (a) or (b) relates, state in the notice that the Director may proceed with the relevant works or related activities, as the case may be, on the land concerned, in accordance with section 83 (1)(b)(i) or (ii), and

(f) attach a statement of compensation to a notice under paragraph (a) or (b).

(4) A notice under paragraph (a) or (b) of subsection (3) shall have appended to it such maps and plans, on such scale, as are sufficient to enable the clear identification of the principal burial land, ancillary burial land or ancillary land, as the case may be, to which the notice relates.

(5) Where subsection (3)(d) applies, a Director may proceed with the relevant works or related activities, as the case may be, on the land which is the subject of the notice, at any time after the date referred to in that provision.