Burial and Cremation Act 2013

Subject to this section, if the relevant authority for a cemetery or natural burial ground agrees to the interment of human remains in the cemetery or natural burial ground, it must issue an interment right that—

identifies the person to whom the interment right is issued; and

identifies the person or persons whose remains may be interred pursuant to the interment right or provides that a specified person or person of a specified class may, at some future time, nominate the person or persons whose remains may be interred pursuant to the interment right; and

identifies the site at which remains may be interred pursuant to the interment right or provides for determination, in a manner set out in the interment right, of the site at which the remains may be interred pursuant to the interment right; and

specifies the period for which the interment right is granted; and

sets out the rights to renewal of the interment right; and

specifies whether the interment right may be cancelled or transferred and sets out the conditions (if any) governing its cancellation or transfer.

Before issuing an interment right to a person, the relevant authority must give the person a written statement in plain English that—

includes the matters required by subsection (1) to be included in the interment right; and

sets out the rights and responsibilities of the relevant authority and relatives of a deceased person whose remains may be interred pursuant to the interment right in relation to any memorial (including any unclaimed memorial) to the deceased person; and

specifies the cost of the interment right and any options for periodic payment.

An interment right may provide for the interment of such number of deceased persons at the site in which remains are to be interred pursuant to the interment right as the relevant authority considers to be within the capacity of the site to hold.

Subject to this Act, an interment right obliges the relevant authority—

to permit the interment of the remains of the person to whom it relates at the site identified in, or determined in accordance with, the interment right; and

to permit a memorial to the deceased person to be erected at the site with the approval of the relevant authority and in accordance with the terms of the interment right; and

to leave the remains undisturbed at that site for so long as the interment right remains in force; and

to leave any memorial to the deceased person lawfully erected at that site, with the permission of the relevant authority, undisturbed (provided that the interment right remains in force and the memorial is kept in good repair).

A relevant authority may, at the request of the holder of an interment right, carry out a lift and deepen procedure at the site to which the interment right relates for the purpose of interring additional human remains there.