Cemeteries

Management Rules

The South Ayrshire Council (hereinafter referred to as "the Council") have made the following Rules for the Management of Cemeteries in South Ayrshire in terms of Section 112 of the Civic Government (Scotland) Act 1982 which will apply to all cemeteries under the control of the Council.

1. Interpretation

In these Rules

1. "the Certificate" means the Certificate of the Exclusive Right of Burial granted by the Council to the "Owner".
2. "the Owner" means the person who purchases the Exclusive Right of Burial to the Lair and to whom the Certificate is granted and his successors in terms of Rule 2 below who are registered, in the Lair Register maintained by the Council, as the Owner.
3. the "Lair" means the piece of ground in which the Exclusive Right of Burial is granted by the Council.
4. The "Appropriate Officer" includes the Registration and Bereavement Services Manager and any other officer duly authorised by the Council.
5. A "memorial" is any gravestone or other monument erected at the head of the "Lair".

2. The Exclusive Right of Burial

1. The Exclusive Right of Burial in a Lair will, subject to these Rules, be granted to the Owner and his successors (as described in Rule 2) in perpetuity subject to Rule 3 below. The Owner is purchasing only the Exclusive Right of Burial in the Lair. The Lair in which the right is exercised remains wholly within the Ownership of the Council. The Appropriate Officer will furnish the Owner with a Certificate describing the location of the Lair to which he/she has an Exclusive Right of Burial. An Owner duly registered in the books of the Council will have Exclusive right of permitting the Lair to be opened and the production of the certificate will be held as sufficient authority. One person only will be registered as the Owner of the Exclusive Right of Burial in a Lair or Lairs. The Owner will not be entitled to sell, transfer or assign the Exclusive Right of Burial without the agreement of the Council nor will they, for pecuniary consideration, be entitled to inter anyone in the Lair to which they have the Exclusive Right of Burial. The Owner will be given a copy of these Rules and will be required to sign a docquet agreeing that they have read the Rules and agree to comply with them.
2. The Owner will not be entitled to use the Lair until the burial dues are paid. Purchased Lairs will be allocated in rotation at the discretion of the Appropriate Officer of the Council. Only such Lairs as numbered on the Cemetery Plans will be allocated.
3. On the death of the Owner the Lair will pass to the individual nominated on the application for interment. In such cases a memorandum of entry may be engrossed upon the original Lair-Certificate or a new one issued, but no new Certificate will be granted until the original Certificate is produced or accounted for satisfactorily. The new Owner will indemnify the Council against any subsequent claims resulting from their registration as the new Owner.
4. The next of kin or executors of the registered Owner can on production of the Certificate in the name of the registered Owner instruct the burial of the said registered Owner in the Lair.

3. Forfeiture

Failing interment in or transfer of a Lair for a period of 100 years, the Council may terminate the Exclusive Right of Burial therein, provided that such notice of intention to terminate will be advertised once in a national newspaper and twice in two local newspapers and a period of twelve months allowed to elapse, following the publication of the last advertisement, whereupon, failing any claimant, the Council may, by simple resolution duly minuted, declare such Right of Burial to be terminated and may grant the Exclusive Right of Burial of the Lair anew if no persons are interred in the Lair.

4. Notice of Burial

1. All burials must be authorised by the Council prior to funeral arrangements being publicly announced.
2. Notice of interment must be submitted to the Council's Local Area Cemeteries' Office at the very latest on 48 hours notice excluding Saturdays, Sundays and Public Holidays before any proposed interment. Such notice should state the name and address, age, and the date of death of the deceased, the relationship of the deceased to the Owner if any, the residence of the deceased at the time of death, and the proposed day and hour of the interment and any other such information deemed necessary by the Council from time to time. If the deceased was the registered owner notice should be given as to the individual who is to be registered as the new Owner. Upon checking the Lair Register the order for digging the grave will then be issued.
3. No Owner will be entitled to have the ground opened to a greater depth than 1.8 metres, and no interment will be made without there being at least 900mm of soil between the ordinary surface of the ground and the upper side of the coffin. In a Lair excavated to a depth of 1.8 metres not more than three standard sized adult coffins may be interred subject to Rule 4 d) below. A standard sized coffin is deemed to be not more than 300mm in depth. The number of interments permitted in any Lair may be reduced if the coffin chosen exceeds the standard depth. Only persons authorised by the Council will excavate graves and carry out the laying of foundations for monuments.
4. Ground conditions at each Cemetery are variable, therefore the number of interments possible will be determined by the ground conditions discovered at the time of first opening.
5. A coffin containing an infant, stillborn baby or, non viable foetus, interred in a full sized adult Lair will be counted as one full interment and recorded as such in the Lair Register.
6. A lair that has had the maximum number of interments possible subject to Rule 4 d) above will not be opened again for interment except in the case of cremated remains.
7. The Council will keep registers in which will be entered every interment, specifying the Lair, the depth of the grave, the date of interment, the name and age of the deceased, and all other requisite particulars.
8. A plan of the Cemetery and a Table of Interment Fees and other charges will be kept at each local Area Cemeteries' Office. All fees and charges in connection with interments, Lair Certificates, etc., will be acknowledged on official printed receipt forms.
9. The Funeral Director is responsible for the provision of sufficient bearers to convey the coffin reverently from the hearse to the graveside and for lowering the coffin into the grave.

5. Areas for the Interment of Cremated Remains

1. Designated areas for the interment of cremated remains will be provided in some cemeteries. Each Lair will be 1 metre square and capable of holding six sets of cremated remains. The Exclusive Right of Burial in a Lair for cremated remains will be sold with the right to erect a memorial which will be restricted to at least 75mm less in width than the width of the Lair on which it is to be erected and a maximum height of 900mm. The base of the memorial may contain a flower vase holder. In the case of wall plaques the plaque will be of a size determined by the Council, fixed to the wall in accordance with National Association of Monumental Masons specifications. A flower vase may be placed on the ground directly beneath the plaque. No other forms of memorials, vases or planting will be allowed on the Lair space.
2. The Exclusive Right of Burial for cremated remains will be sold subject to these Rules where not inconsistent with this Rule 5.
3. Application for the interment of cremated remains must be made in the same manner and providing the same information as in Rule 4, above.
4. Cremated remains may not be scattered in any part of a Cemetery.

6. Areas for the Interment of Stillborn Babies and Non Viable Foetuses

1. Designated areas for individual and communal interment of stillborn babies and non viable foetuses will be provided in some cemeteries.
2. An individual Lair will be issued for one interment only. The Exclusive Right of Burial in the Lair will be sold with the right to erect a memorial which will be restricted to at least 75mm less in width than the width of the Lair on which it is to be erected and a maximum height of 900mm. The base of the memorial may contain a flower vase holder. No other forms of memorials, vases or planting will be allowed on the Lair space.
3. The Exclusive Right of Burial will be sold subject to these Rules where not inconsistent with this Rule 6.
4. A maximum of three interments will be permitted in any communal Lair. A central memorial feature will be provided where, upon payment of the appropriate fee, an inscription may be placed. There will be no Exclusive Right of Burial in the said communal Lair only a Right of Burial.
5. Application for the interment of stillborn babies and non viable foetuses must be made in the same manner and providing the same information as in Rule 4, above.

7. Memorials

The erection of memorials will be permitted only on Lairs where an Exclusive Right of Burial has been granted. No headstone or any other memorial may be erected in a cemetery without the express written permission of the Council. Memorials must consist of natural stone or terrazzo and contain no wood, plastic or glass.

1. A registered Owner will be entitled to have a memorial erected at the head of the Lair but such memorial will not protrude in any way over that part of the Lair to be opened for burial and will be restricted to at least 100mm less in width than the width of the Lair. Wooden crosses, kerbs, copes, railings, fences, gravel, corner stones etc. will not be permitted around or over the Lair. The said Owner is liable for any damage or injury caused by the state of repair of the memorial erected on the Lair. Only one flower vase will be allowed on each Lair and placed in the space provided at the head of each Lair, i.e. the crownhead or on the base of the memorial. The Council will not be responsible for any loss or damage to such vase or any memorial. The said flower vase will not be made of glass or pottery.
2. The Owner will keep the memorial in a neat and proper condition, of which the Appropriate Officer will be the sole judge. Upon failure by the registered Owner to comply with this Rule, within twenty one days of being given written notice of any failures at the owner's last known address, the Council will be entitled either to repair the memorial or to have the memorial removed if said memorial is in a state that the Appropriate Officer considers dangerous. Any costs incurred by the Council will be recovered from the Owner and until the cost of such repairs or removal is paid, the Right of Burial in the Lair will be withheld.
3. The planting of any plants or trees in addition to the aforementioned floral vase will only be permitted when an application to join the Council's floral enhancement scheme is received from the Owner and approved. Thereafter the conditions laid down in the aforementioned scheme must be adhered to. Any unauthorised planting will be removed. Details of the floral enhancement scheme will be made available at Local Area Cemeteries Offices.
4. All memorials must be constructed and erected in accordance with such recommendations formulated by the National Association of Monumental Masons from time to time.
5. The application for the erection of a memorial or additional inscription on a memorial must be approved by the Appropriate Officer and must conform with the requirements of the Council, copies of which will be available from the Appropriate Officer.
6. The Council will not be responsible for any loss or damage to memorials.
7. The section and number of the Lair must be cut plainly upon the side of the memorial at the expense of the person erecting the memorial.
8. No memorial or part thereof will be removed from the Cemetery by the registered Owner or their agents without prior written notification to the Council.
9. No works of any kind will be permitted inside the grounds of the Cemetery without the sanction of the Appropriate Officer who must be satisfied that the authority of the registered Owner has been obtained before work commences.

8. General

1. The hours when any Cemetery will be opened and closed will be such hours as may from time to time be intimated by Notices displayed at or near the principle entrances. The Council may by Notices posted at or near the place to which it refers, close any part or portion of any Cemetery to the public for such time as it may consider necessary.
2. No persons may enter or leave any Cemetery except by the entrances and exits provided for that purpose.
3. No persons may enter or wilfully remain within any Cemetery except during the hours in which same is open to the public as agreed from time to time by the Council.
4. Children under 16 years of age must be accompanied by a parent, guardian or a responsible adult when entering any Cemetery.
5. No dogs will be permitted within any Cemetery with the exception of guide dogs.
6. Memorial wreaths will be removed at the discretion of the Appropriate Officer.

9. Vehicles

Car parking facilities provided by the Council for the convenience of Patrons will only be available during such times as the facilities of the Cemetery are being used. In all cases the directions of the Appropriate Officer must be complied with and all vehicles must be driven at a reasonable speed and with due care and attention. The Council will not be held responsible for any damage to vehicles, or other property left in the car parking facilities.

Vehicles conveying memorials or goods into any Cemetery grounds will be allowed entry only with the consent of the Appropriate Officer. The person or persons in charge of such a vehicle must comply with the directions of the Appropriate Officer as to the route to be followed within the grounds.

10. Prevention of Nuisance

No person will:

1. Use any profane or offensive language or behave in an offensive, disorderly or insulting manner whilst in any Cemetery.
2. Wilfully or carelessly obstruct any Officer or Servant of the Council in the exercise of their duties or in the execution of any work associated therewith.
3. Wilfully or improperly interfere with any other person using the facilities provided by the Council in any Cemetery, or behave in such a manner so as to endanger their own safety or the safety of others.
4. Ignore any proper instructions given by any member of the Cemetery staff to ensure the safety of all persons using the Cemetery.
5. Bring into any Cemetery any object or objects which may be considered by any member of the Cemetery staff to be dangerous.
6. In any Cemetery climb upon any tree, shrub, wall, fence or railing, or upon any monument, fountain, statue, building or other structure.
7. Wilfully or carelessly break, damage, deface, disfigure, tamper with or improperly soil any tree, shrub, wall, fence, monument, fountain, statue, building, other structure, or any property owned by the Council in the Cemetery.

11. Disputes

Should any difference or dispute arise as to the interpretation of these Rules or in relation to the Tables of Fees and Charges, the same will be clarified by the Council's Registration and Bereavement Services Manager or other equivalent officer whose decision will be final.

12. Right of Amendment

The Council will be at liberty to alter these Rules or any part of them, from time to time as they may see fit and make and enforce such others as they may consider necessary for the proper or better management of the Council's Cemeteries.

13. Contravention

The following provisions apply to a contravention by any person of the foregoing Management Rules:

1. Should the Appropriate Officer of the Council have reasonable grounds for believing that any person has contravened, is contravening or is about to contravene any of the foregoing Management Rules, they may expel that person from the Cemetery. Any person who fails to leave the Cemetery on being so expelled, will be guilty of an offence and liable on summary conviction to a fine not exceeding Level 1 on the standard scale.
2. Should the Appropriate Officer of the Council have reasonable grounds for believing that any person has contravened, is contravening or is about to contravene the foregoing Management Rules, they may expel that person from the Cemetery. Any person who, on being informed by the Appropriate Officer of the Council that they are excluded from the Cemetery, enters or attempts to enter the Cemetery will be guilty of an offence and liable on summary conviction to a fine not exceeding Level 1 on the standard scale.
3. 1. The Council may decide that a person who has persistently contravened or attempted to contravene the foregoing Management Rules and is, in their opinion likely to contravene them again, be made the subject of an Exclusion Order and they will give any person subject to an Exclusion Order notice of their decision. The said notice will contain a statement of the reasons for the decision and a statement as to the right to make representations under Rule 13 ciii) below.
   2. Such Exclusion Order will take effect upon a person on such date as the Council may decide which will not be less than 14 days after their decision to make the Exclusion Order
   3. Any person who has been made subject to an Exclusion Order will be entitled to make written or oral representation to the Council at any time up to the date when the Order will take effect in terms of sub-paragraph cii) above. The Council will suspend the effect of their decision, consider the representations and decide whether to confirm their decision or to revoke or amend it.
   4. An Exclusion Order will have effect for such a period not exceeding one year as the Council may determine and the Council may at any time reduce the period of, or revoke, an Exclusion Order made by them.

Any person who being a person subject to an Exclusion Order enters or attempts to enter the Cemetery or Cemeteries to which the Exclusion Order relates will be guilty of an offence and liable, on summary conviction, to a fine not exceeding Level 1 on the standard scale.