Institutional Burials Act 2022
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Application to court for order authorising relevant works on ancillary burial land | ||
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88. (1) Where subsection (4) or (6) of section 87 applies, a Director may, where the owner or occupier of ancillary burial land, or both, as the case may be, do not consent within the period of 28 days referred to in the subsection concerned, apply to the District Court for an order authorising the Director to carry out relevant works on the land. | ||
(2) On application to it under subsection (1), the District Court may make an order authorising the Director to carry out relevant works in respect of ancillary burial land for such period as it specifies in the order where it is satisfied that— | ||
(a) the land to which the application relates is ancillary burial land, and | ||
(b) the carrying out of relevant works on the land is proportionate in all the circumstances. | ||
(3) An appeal shall lie on a point of law from a decision of the Circuit Court on appeal. | ||
(4) An application by a Director under this section, an appeal in respect of the decision of the District Court or an appeal on a point of law under subsection (3) may, at the request of the owner or occupier, as the case may be, be heard otherwise than in public. |