Institutional Burials Act 2022
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Notice of intention to carry out relevant works on ancillary burial land | ||
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87. (1) A Director shall— | ||
(a) by notice in writing to the owner and occupier of ancillary 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 ancillary burial land. | ||
(3) Where the owner and occupier of ancillary 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 ancillary burial land does not, within the time period specified in a notice under subsection (1), consent to the carrying out of relevant works on ancillary burial land or, having consented, withdraws that consent, a Director may, 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 the relevant works, the Director may make an application to court under section 88 for an order authorising the Director to carry out relevant works on the land for the duration of the period specified in the court order. | ||
(5) Where the owner on whom a notice is served under subsection (4) gives his or her consent, within the period of 28 days referred to in that subsection, 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 works at any time after the consent is given including at such time thereafter as may be agreed between the Director and the owner. | ||
(6) Where the occupier of ancillary 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 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 relevant works, the Director may make an application to court under section 88 for an order authorising the Director to carry out relevant works on the land for the duration of the period specified in the court order. | ||
(7) Where the occupier on whom a notice is served under subsection (6) 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, within the period of 28 days referred to in that subsection, the Director may proceed with the works at such time as may be agreed between the Director, the owner and the occupier. |