Institutional Burials Act 2022
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Notice of intention to carry out relevant works on principal burial land | ||
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85. (1) A Director shall— | ||
(a) by notice in writing to the owner and occupier of principal burial land seek the consent of the owner and occupier to the carrying out of relevant works on the land, | ||
(b) specify in the notice the period of time within which the consent referred to in paragraph (a) shall be provided, and | ||
(c) attach a statement of compensation to that notice. | ||
(2) A notice under subsection (1) 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. | ||
(3) Where the owner and occupier of principal burial land consent, within the period of time specified in a notice under subsection (1), to the carrying out of relevant works, a Director shall by notice in writing inform the owner and occupier of the date on which the works shall commence. | ||
(4) Where the owner of principal burial land does not, within the period of time specified in a notice under subsection (1), consent to the carrying out of relevant works on the land or, having consented, withdraws that consent, a Director may issue a notice under subsection (5) to that owner where the Director is satisfied— | ||
(a) that the owner was the owner of that land at the time the manifestly inappropriate burials on the land were carried out, | ||
(b) that the owner acquired that land on or after the 10th day of December 2019, or | ||
(c) the carrying out of works on the land is proportionate in all the circumstances. | ||
(5) Where subsection (4) applies, a Director shall, by notice in writing, advise the owner that if he or she does not, within 28 days from the date of service of the notice, consent to the carrying out of relevant works on the principal burial land, the Director may make an application to court under section 86 for an order authorising the Director to carry out such works on that land. | ||
(6) Where the owner on whom a notice is served under subsection (5), within the period of 28 days referred to in that subsection, gives his or her consent to the carrying out of the relevant works on the land, either unconditionally or with conditions acceptable to the Director, the Director may proceed with the relevant works at any time after the consent is given including at such other time as may be agreed between the Director and the owner. | ||
(7) Where the occupier of principal burial land does not, within the period of time specified in a notice under subsection (1), consent to the carrying out of relevant works on the land or, having consented, withdraws that consent, a Director may issue a notice under subsection (8) to that occupier where the Director is satisfied— | ||
(a) the occupier was the occupier of the land at the time the manifestly inappropriate burials were carried out, | ||
(b) the occupier, on or after the 10th day of December 2019, entered into a legally binding agreement (howsoever described) entitling him or her to occupy the land, or | ||
(c) the carrying out of works on the land is proportionate in all the circumstances. | ||
(8) A Director shall, by notice in writing, advise the occupier that if he or she does not, within 28 days from the date of service of the notice, consent to the carrying out of the works, the Director may make an application to court under section 86 for an order authorising the Director to carry out relevant works on the land. | ||
(9) Where the occupier on whom a notice is served under subsection (8) gives, within the period of 28 days referred to in that subsection, his or her consent to the carrying out of the relevant works on the land either unconditionally or with conditions acceptable to the Director, the Director may proceed with the relevant works at any time after the consent is given including at such other time as may be agreed between the Director, the owner and the occupier. |