contacts for looking into cemetery laws

[HELLSBELLS]

Just wondering if anyone in the forum can advise me of who to contact in Greenock about looking into the laws of lair titles, wanting to know if there is a section wherein a direct member (sister/daughter) of the family who originally bought the lair can have a say in what shows on the gravestone that is placed there,

[Ina]

Hi Hellsbells,

Someone at the cemetery office may be able to answer your question. You can phone them at 44 1475 715 658, or write to them at 1 South Street, Greenock, Scotland.

Ina

[Currie]

Hello Hellsbells,

I guess you’re referring to the matters raised in your previous thread. viewtopic.php?f=54&t=16785#p134813

In the Inverclyde Council cemetery management rules document you’ll see at the beginning that they are made under the authority of Section 112 of the Civic Government (Scotland) Act 1982.

If you look at the cemetery rules for other Scottish Councils I’ll think you’ll find that they all set their own rules under the authority of that same Section. I haven’t checked but it is unlikely they would all have adopted identical sets of rules. http://www.google.com/search?q=scottish ... egulations

The whole of Section 112 of the Civic Government (Scotland) Act 1982 can be read here. http://www.legislation.gov.uk/ukpga/1982/45

The first part of Section 112 states:

(1) A local authority may, in accordance with this section, make rules, to be known as “management rules”, to regulate—
(a) the use of; and
(b) the conduct of persons while on or in any land or premises which is owned, occupied or managed by the authority or is otherwise under their control and to which the public have access, whether on payment or not.
In this section, “land” does not include land below the high water mark of ordinary spring tides.

I’m not a legal person and haven’t had much to do with Scottish Lairs, but I think the Inverclyde Council document sets out that the Lair title only gives a burial right and nothing more. I imagine the gravestone is the property of whoever paid for it, is nothing to do with the Lair title, and can be altered only by them and only with Council permission.

All the best,
Alan

(Hello Ina, that was me you bumped into on the way out.
Alan)

[Montrose Budie]

Most often in Scotland, it's only the original lair owner, or their descendant, who can authorise any addition to what was originally shown on the gravestone.

That written, I've come across situations where the local authority concerned took a more relaxed view of the situation as long as the person applying to be permitted to add info to a gravestone could show the full evidence required linking the addition to those previously interred in the lair; as well as demonstrating that they had attempted, but failed, to contact the lair owner.

But just beware, as you may become liable for maintenance as regards the gravestone, not least expensive modern day Health & Safety measures seen as required to stabilise the gravestone, and prevent it falling over and injuring someone, even when that person is a hooligan pushing it over just for a laugh ........

mb

[Ina]

Hi Alan,

Was just a wee bump.....didn't feel a thing.

Ina

[HELLSBELLS]

Again, thank you all for your responses to my question. I am at present writing to Renfrewshire Council in Paisley asking the Question. Hopefully I will receive a good/helpful response.

Hellsbells

[Russell]

Hi Hellsbells

We'll keep our fingers crossed Some councils are quick and helpful, others less so and some don't appear to be interested.

Russell

[carolineasb]

Just a bit confused? I thought grave was in Greenock?? If so, Greenock is in Inverclyde Council's jurisdiction and not Renfrewshire Council.

[Ina]

Just a bit confused? I thought grave was in Greenock?? If so, Greenock is in Inverclyde Council's jurisdiction and not Renfrewshire Council.

I was a bit confused by that one too Caroline. I suggested above that she phone the Greenock Cemetery.

Ina

[HELLSBELLS]

I did say I was contacting Paisley but I also contacted inverclyde council and the results were that I need permission from the title holder (my cousin) and it seems that he does not want to discuss it with me so I can do nothing. Thanks for all your help. I ran into closed doors everywhere which is a pity as this whole ordeal has been upsetting as I now know that my Aunts, Uncles and Grandfather will never be recognised as being buried in the lair at Greenock Cemetery. Disappointing to say the least. Regards