Burial and Cremation Act 2013

If—

a council is of the opinion that a cemetery or natural burial ground within its area—

is in a neglected condition; or

fails in any manner to comply with the requirements of this Act; or

the designated Minister is of the opinion that a cemetery or natural burial ground in an unincorporated area—

is in a neglected condition; or

in any manner fails to comply with the requirements of this Act, the council or the Minister, as the case may be, may by notice in writing to the relevant authority, require the relevant authority to carry out specified work for the purpose of remedying the condition of neglect or complying with that requirement.

A notice under subsection (1) must—

be given personally or by post to the relevant authority; and

specify a period (not being less than the prescribed period) within which the works specified in the notice must be carried out; and

include a statement setting out the right of the relevant authority to apply to the District Court for a review of the decision to give the notice; and

include a warning that if the works specified in the notice are not carried out within the period specified in the notice or, if relevant, within 14 days after the completion of any review, then the council or designated Minister (as the case may be) may—

carry out the works required by the notice (subject to the outcome of any review); and

recover the costs incurred by the council or designated Minister in carrying out the works required by the notice from the relevant authority.

If—

the work required by a notice under subsection (1) is not carried out within the time specified in the notice; and

no application for review of the decision to give the notice is made within 14 days after the notice is given, the council or designated Minister (as the case may be) may have the work carried out.

If—

the work required by a notice under subsection (1) is not carried out within the time specified in the notice; and

an application for review of the decision to give the notice is determined in favour of the council or the designated Minister (as the case may be), the council or the designated Minister may, within 14 days after the determination of the review, have the work carried out.

The costs incurred by a council or designated Minister in carrying out works required by a notice given under this section may be recovered as a debt from the relevant authority to whom the notice was given.