Agenda Document Pack - Finance and Resources Committee - 26/08/2026
Perth and Kinross Council · 26 August 2026
Back to Finance and Resources Committee — 26 August 2026 and its agenda
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 19/08/2026 A hybrid meeting of the Finance and Resources Committee will be held in the Council Chamber on Wednesday, 26 August 2026 at 14:00. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Stewart Donaldson (Convener) Councillor Eric Drysdale (Vice-Convener) Bailie Chris Ahern Councillor Keith Allan Councillor Dave Cuthbert Councillor John Duff Councillor David Illingworth Councillor Ian Massie Provost Xander McDade Councillor Tom McEwan Bailie Claire McLaren Depute Provost Andrew Parrott Councillor John Rebbeck Councillor Caroline Shiers Councillor Colin Stewart Councillor Alan Watt Page 1 of 72
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Finance and Resources Committee Wednesday, 26 August 2026 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 ENHANCEMENTS TO MEMORIAL SAFETY IN COUNCIL CEMETERIES Report by Strategic Lead - Housing and Communities (copy herewith 26/224) 5 - 68 4 RESIDUAL WASTE UPDATE Report by Strategic Lead - Environment and Infrastructure (copy herewith 26/225) 69 - 72 Page 3 of 72
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Our vision is a Perth and Kinross where everyone can live life well, free from poverty and inequality ___________________________________________________________________ Committee or Board: Finance and Resources Committee Date of Meeting: 26 August 2026 Report Title: Enhancements to Memorial Safety in Council Cemeteries Report Number: 26/224 Report Author: Katrina Hartnett, Team Leader & Andy Clegg, Service Manager Organisational Lead: Elaine Ritchie, Strategic Lead – Housing & Communities ___________________________________________________________________ 1. Purpose 1.1 The purpose of this Report is to provide an update on the motion agreed by Committee on 22 April 2026, which requested officers to engage with elected members on developing an enhanced Memorial Safety Programme for Council Cemeteries that provides more engagement with lair owners, the local community and set out costs for implementing the required enhancements. 1.2 This report also provides assurance that the Council is meeting its statutory duties in relation to memorial safety and seeks approval for enhancements to communication, engagement and administrative processes, including considering removal of the lair transfer fee. 1.3 Sections 1. Purpose 2. Recommendation(s) 3. Background/Context 4. Main Issues 5 Proposals 6 Conclusion 7. Impact and Value Assessment 8. Appendices 3 Page 5 of 72
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2. Recommendation(s) It is recommended that the Committee: 2.1 Notes the statutory requirement for memorial safety inspections and the Council’s ongoing programme. 2.2 Acknowledges the challenges arising from misinformation and public reaction at certain sites. 2.3 Approves the allocation of: a) non-recurring funding in 2026/27 of £28,000 from the Communities Earmarked Reserve to deliver enhanced communications and engagement activity comprised of £15,000 for signage and £13,000 for the creation of an additional Clerical Assistant post for the remainder of this financial year. b) a recurring element of £40,000 will be included as an expenditure pressure in the 2027/28 Provisional Revenue Budget to make the additional Clerical Assistant post permanent. 2.4 Approves further consideration of removal or reduction of the lair transfer fee to help improve ownership records and support engagement with families. 3. Background/Context 3.1 The Council has operated a memorial inspection programme since 2019, following Scottish Government Guidance Appendix 8.1 issued in response to a Fatal Accident Inquiry. Since March 2025, inspections became a statutory requirement under The Burial (Management) (Scotland) Regulations Appendix 8.2. 3.2 Perth and Kinross Council manages 172 cemeteries across its burial estate. Approximately 24,000 of the 90,000 memorials have been inspected to date. The Council adopts a risk-based approach aligned with national guidance and industry best practice. No additional Scottish Government funding has been provided for this work and the current annual budget for inspection and ‘making safe’ works is currently £160,000, with total expenditure by the Council to date of approximately £1.1 million. 3.3 Memorials identified as posing an immediate safety risk are laid flat to remove the hazard and meet statutory requirements. Where necessary, this is followed by “socketing”, a recognised and reversible repair method that allows the memorial to be reinstated upright while maintaining safety. This approach goes beyond statutory requirements. Alternative approaches, such as staking and banding and cordoning, do not remove risk and require ongoing monitoring. In line with British Standards, smaller memorials under 625mm are considered lower risk; they are still subject to visual inspection and are laid flat when a high risk is identified. Page 6 of 72
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4. Main Issues 4.1 Responsibility for installing and ongoing maintaining of memorials rests with the lair owner. In practice, ownership is often not formally transferred between generations meaning records are not up to date. Memorials may fail the hand pressure test for many reasons, including age, deteriorated foundations and poor workmanship Burial grounds - rules and regulations - Perth & Kinross Council. 4.2 Since the early 2000s, the Council has provided the foundations for all new memorials to ensure they comply with industry standards. Lair owners are then responsible for commissioning a suitably qualified memorial mason to create and install the headstone. Although the Council has operated a memorial mason registration scheme since 2003, families may still undertake work themselves or use unqualified contractors. This presents challenges in consistently enforcing standards across all cemeteries in Perth and Kinross and inevitably some newer headstones also fail the stability tests. 4.3 The scheme has recently been strengthened, requiring all applicants to provide evidence of qualifications, insurance and compliance certificates. Membership is mandatory for any stonemason working within Council cemeteries, and if families want to use other masons, they must also meet the scheme requirements and be approved in advance. This is intended to support families in securing appropriate standards of workmanship. 4.4 Aside from the lair owners’ responsibilities, the Council has a wider duty to ensure public safety in its cemeteries, including the testing of all headstones. Whilst the Council follows a well-defined process including contact with lair owners where possible, and using qualified staff, the making safe of any memorials can, and often does, understandably cause distress to those who have an interest and limited knowledge of how and why it has been done. Information is provided on the Council’s website Perth and Kinross memorial safety programme - Perth & Kinross Council and in most cases, when officers have been able to explain the process and background to it, concerns are alleviated and people are assured that the Council are doing the work for good reason and with the greatest of care and respect. 4.5 However, misunderstanding of the inspection process, sometimes amplified through social and mainstream media, together with the sensitive nature of the work, has led to heightened public concern at some sites. In isolated cases, this has escalated to abuse and threats towards staff, requiring Police Scotland involvement and disrupting delivery of the programme. This creates risks for both the public and staff and can delay the Council in fulfilling its statutory duties. 4.6 Most lairs can accommodate multiple interments over several generations. It is therefore essential that interments only take place with the consent of the lair owner, making it important that ownership is formally transferred when required, typically following a bereavement. A fee of £59 is currently charged Page 7 of 72
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to partly cover the administrative costs associated with legal checks and updating burial records. 4.7 In many cases, this process is understandably not prioritised during a period of bereavement, which can result in ownership records becoming outdated. The associated fee may also present a practical or perceived barrier for individuals on low incomes. A comparison of fees charged by neighbouring burial authorities is provided in Appendix 8.3. Maintaining accurate ownership records is important to enable the Council to contact lair owners regarding matters such as memorial safety. However, the current fee arrangements have, in some cases, been perceived as the Council deriving income from a statutory public safety function, which is not the case. 5 Proposals 5.1 Given the highly emotive nature of memorial safety, it is unlikely that the programme can be delivered without causing some level of concern or distress. However, there is scope to reduce misunderstanding and misinformation through enhanced engagement. This would include improved digital information, advance notification of works, clearer written correspondence, and more visible and informative on-site signage. Several options were considered as set out in Appendix 8.4. 5.2 Administrative capacity within Bereavement Services has not increased since the programme was introduced, and existing staff have absorbed this work alongside an already demanding workload. Delivering a more proactive and supportive approach to engagement would require the creation of an additional permanent Clerical Assistant post (estimated cost £40,000 per annum). This would enable a more proactive and supportive approach to engagement with lair owners and members of the public. 5.3 Enhanced on-site signage would also help to improve awareness and reduce misunderstanding by clearly explaining the purpose and nature of the works, providing reassurance to visitors. This has been estimated as a one-off cost of £15,000, with the signage being reusable as the programme continues. 5.4 The costs of this proposal in 2026/27 will be funded from the Communities earmarked Reserve with the recurring costs from 1 April being included in the 2027/28 Provisional Revenue Budget as an expenditure pressure that will require to be funded. 5.5 Consideration could be given to reducing or removing the lair transfer fee to help address barriers to updating ownership records; however, this would result in an income shortfall of up to £15,000 per annum. A review would explore options for targeted fee reductions or waivers, alongside an assessment of the impact on service budgets. It would also consider measures to improve awareness of the need to keep lair ownership details up to date, supported by enhanced communications and engagement activity, including direct correspondence with local solicitors and undertakers. Page 8 of 72
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6 Conclusion 6.1 The Council is fulfilling its statutory responsibilities and is adopting a more proactive and comprehensive approach than many other authorities to ensure memorials are made safe in a respectful and appropriate manner. However, misinformation and limited engagement with the public and key stakeholders continue to present risks to staff safety, service reputation and public confidence. 6.2 Strengthening communications and embedding a more proactive approach to engagement will enable those affected to better understand the actions being taken, the reasons behind them, and the options available. Enhancements to the memorial mason registration scheme will further support improved compliance and consistent adherence to required installation standards. 6.3 Committee is therefore asked to approve the allocation of non-recurring funding of £55,000 from the Communities earmarked Reserve to deliver enhanced communications, signage and engagement activity, including the creation of an additional Clerical Assistant post in 2026/27 with the recurring costs included in the 2027/28 provisional Revenue Budget. 6.4 Collectively, these measures represent a significant step forward in reducing risk, improving compliance and strengthening public trust, supporting a more transparent, compassionate and effective approach to the safe and respectful management of memorials. 7. Impact and Value Assessment IVA Assessment.pdf 8. Appendices 8.1 Scottish Government – Memorial Safety Guidance 8.2 Burial Regulation Guidance 8.3 Lair Transfer Fee Comparison 8.4 Options Appraisal Page 9 of 72
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Burial Ground Memorial Safety Guidance for Scotland’s Local Authorities June 2019 Appendix 1 3 Page 11 of 72
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2 Contents Overarching Principle .............................................................................................. 3 Background .............................................................................................................. 4 Introduction .............................................................................................................. 7 Pre-Inspection .......................................................................................................... 9 Inspection ............................................................................................................... 12 Recording and Communication ............................................................................ 16 Methods of Making Safe ........................................................................................ 18 Future Proofing ...................................................................................................... 22 Important Considerations ...................................................................................... 24 Overview ................................................................................................................. 27 Conclusion .............................................................................................................. 29 Annex A: Useful Contacts and Links .................................................................... 30 Annex B: Terminology ........................................................................................... 31 Annex C: List of Contributors ............................................................................... 32 Page 12 of 72
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3 Overarching Principles 1. This guidance follows the principles below as a guide to good and effective practice and these principles can be considered at every stage of any memorial inspection programme. The principles of the Health and Safety Executive’s (HSE) Five Steps to Risk Assessment are: 1. Step 1: Identify the hazards. 2. Step 2: Decide who might be harmed and how. 3. Step 3: Evaluate the risks and decide on precautions. 4. Step 4: Record your findings and implement them. 5. Step 5: Review your assessment and update if necessary. 2. It should be noted that this guidance does not negate or supersede any guidance or code of practice published by the HSE and has not been approved by the HSE. Further information on health and safety duties and responsibilities can be obtained from the HSE website: https://www.hse.gov.uk/. Page 13 of 72
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4 Background 3. The responsibility for memorial safety and implementation of a comprehensive memorial inspection programme represents a significant undertaking for any local authority. Regardless, the safety of staff and visitors in burial grounds is a statutory obligation for local authorities. This is primarily completed under both the Health and Safety at Work etc. Act 1974 (as amended) (HSWA1974) and the Occupier’s Liability (Scotland) Act 1960. 4. To assist authorities meet such obligations this guidance sets out considerations and practice which local authorities may evaluate and incorporate into their memorial inspection programme. Implementing this guidance may assist local authorities to manage their burial grounds effectively, to minimise the risk of injury that unstable memorials or their components can present to visitors and their staff. This guidance was created in response to recommendations made in January 2018 following a Fatal Accident Inquiry (FAI) into the death of a child. 5. In considering the recommendations made in the FAI, the Scottish Government examined the feasibility of defining how ‘large’ memorials should be described and inspected. During discussions with experts involved in burial ground management, it became clear that there are many factors which contribute to the stability of a memorial including height, weight, design, lean, topography, vegetation cover, proximity to other memorials, structures, walls or paths etc. and that guidance on memorial safety should take account of a wide variety of factors. 6. The guidance therefore is not limited to the inspection and maintenance of specific types of memorials e.g. based upon height. It instead addresses the management of all types of memorials, taking into account every factor that may affect a memorial’s stability. It sets out that a local authority should fully understand the extent of their burial grounds and account for every memorial within each of those grounds. It advocates an active management programme that means all memorials, regardless of size, are examined and fully inspected relevant to their individual circumstances. It places an emphasis on having in place robust recording and reporting procedures for every memorial inspection including ongoing assessment, to ensure everyone can safely visit burial grounds now and in the future. 7. The Scottish Government, as set out in this guidance, is of the view that to fully achieve the comprehensive and long lasting safety of all memorials within burial grounds, a local authority must understand and have in place the appropriate procedures and processes to achieve and maintain a safe environment for Page 14 of 72
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5 those visiting and working in their grounds. Local authorities will be able to use this guidance to review and reassess current practices, which will facilitate a level of consistency across the local authority burial sector in relation to memorial safety. 8. All 32 Scottish local authorities are burial authorities, operating and managing numerous burial grounds. These grounds may be in-use, receiving new interments and lair purchases, or they may be at capacity, closed cemeteries. Many burial grounds under local authority control are historic and not in use grounds e.g. originally attached to a parish church. 9. Local authorities are ultimately responsible for the vast majority of burial grounds in Scotland. Information collated for the Scottish Government, with co- operation from local authority representatives, indicates that there are at least 2,240 burial grounds which are the responsibility of local authorities. National individual memorial numbers will, as a minimum, be in the hundreds of thousands. Within this number are a huge variety of memorials, presenting further challenges to any memorial management process. 10. Along with local authority burial authorities, Scotland has many other interested and relevant organisations concerned with memorial safety and the wider management of burial grounds. This includes private burial authorities of varying size and business models, statutory bodies such as Historic Environment Scotland (HES), archaeological and conservation societies, cemetery friends groups and local community interest groups. 11. The examples above highlight competing priorities that must be managed during the implementation of any memorial inspection programme. This will include subsequent local authority action to make memorials of all types safe in their burial grounds. Lair Ownership 12. Local authority burial authorities are responsible for ensuring the safety of those visiting and working in their burial grounds. This means that regular memorial inspections should be carried out to achieve this. However, inspecting and taking action to make safe does not confer ownership. This guidance notes that the responsibility for the full and complete repair of memorials remains the duty of the lair owner. Page 15 of 72
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6 13. All authorities follow their own procedures for locating and contacting lair owners to inform them of the need for repair, and this guidance sets out suggested methods of doing so. Where a burial authority is unable to locate a lair owner, it is a decision for each authority about what repairs they may carry out on an unsafe memorial, followed by action taken to make that memorial safe. Page 16 of 72
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7 Introduction Who the Guidance applies to 14. The purpose of this document is to give guidance to local authorities about procedures to assist making memorials safe and to provide a safe environment in burial grounds. The guidance may also be of use to any private, non-local authority burial authority to assist their ongoing management of ground(s) under their control. Wider Scope 15. This guidance can also act as a first step towards an authority drawing together or updating a comprehensive burial ground management plan. This may include all elements of burial ground management in addition to memorials e.g. boundary walls, burial aisles, ruined structures, railings, soil conditions, roads and path infrastructure, vegetation and trees, lighting, etc. Application of Guidance 16. Local authorities can review and consider this document in conjunction with their local requirements. Full implementation of a comprehensive, fully recorded and robust memorial inspection programme, if not already in place, will require significant time to implement. Failure to effectively monitor and manage burial grounds, including both modern and historic memorials (and larger memorial structures) within burial grounds under local authority control presents a risk to the local authority, its employees and visitors to burial grounds. 17. The recognition of potential risks and the removal of an immediate hazard can be the overriding aim of any authority inspection programme. When planning, cataloguing or zoning areas within burial grounds to inspect all memorials, individual circumstances will contribute to any risk presented by a memorial. 18. The sections below set out a number of topics which will be relevant for any local authority inspection programme, along with suggestions of how to enhance that programme’s effectiveness. 19. All information set out is not exhaustive or prescriptive, and instead may act as a reference or guide for implementing a more comprehensive memorial inspection programme. Page 17 of 72
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8 Definition of a Memorial 20. The design, construction and materials used for memorials across Scotland is very diverse. There are a number of terms used to describe various types of memorials e.g. modern lawn type, monolith, large traditional, obelisk, cross and die, full grave headstone with kerbs, ledger, tablets, etc. Memorials may also be items embedded in larger structures and buildings. 21. Of overriding importance is that every assessor involved in any memorial inspection programme possesses a common understanding of the descriptors and definitions used by their burial authority. For example, this may be achieved through the use of specific photographic examples provided during training and by consistently using agreed definitions when recording inspection results. 22. Subsequently, the actions employed for assessment, inspection and making safe are dependent on each memorial’s size, stone type, its orientation (lean), its method of construction and overall condition. Any associated factors that currently or may potentially affect a memorial’s stability, such as subsidence, soil erosion, tree roots, adjacent excavations etc. can also be taken into account. Page 18 of 72
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9 Pre-Inspection Public Notification 23. Bereavement is an emotive experience. Failure to suitably advise lair owners and visitors of the presence, potential impact and related corrective action of a memorial inspection programme of any scale may easily cause further distress. 24. It is acknowledged that there is no guarantee of accurate lair ownership details. For older memorials, the ability to notify lair owners of inspections may be hindered by a lack of up to date records. To mitigate this, other options can be used to make both the public and lair owners aware of any memorial inspection programme, in addition to direct contact. 25. There are many routes to raise awareness through use of digital means e.g. Twitter, Facebook, authority webpages, etc. However, notification of an inspection programme will not be solely restricted to these. Such methods of advising the public via noticeboards, free-standing-signs, local press, etc. can be considered as valid options. 26. In all methods of notification, authorities may wish to provide information about the extent of works and contact details to allow interested parties the opportunity to access more information. Considerations for notification: • Install signage, with visual warnings and contact information, in and around the burial ground advising of the inspection process and potential hazards. • Write directly to the last known lair owners. • Write to local funeral directors and memorial masons. They may hold information about current lair owners or may be contacted by them directly as a result of an inspection. • Provide written notification to local authority councillors to ensure they are aware of actions being taken to inspect memorials. • Check statutory designations. A burial ground or an individual memorial may be listed or scheduled, and consent may be required to carry out works. For listed memorials, the relevant authority is the planning authority. For scheduled memorials, Historic Environment Scotland (HES) must be contacted. • Contact other relevant organisations which may have an interest in the burial ground or memorial e.g. Commonwealth War Graves Commission (CWGC), community councils, city heritage trusts, friends groups etc. • Place a public notice in the local press advising of the programme. • Publish details of planned inspections on the local authority webpage. • Circulate a Twitter feed or use of other social media platform. Page 19 of 72
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10 • Produce a short information video demonstrating how your local authority assesses and makes safe memorials. This might be permanently hosted on the local authority webpage and shared on social media. 27. Notification can also be considered in conjunction with the methods of making safe. For example, where a memorial is found to be unsafe it might be cordoned off and signposted and/or methods taken for its temporarily making safe for a set period of time, pending contact with the owner, before permanent action is taken to make safe. Site and Zoning Risk Assessment 28. In order to prioritise a memorial inspection programme effectively, an assessment of the area of local authority control should be carried out. To achieve this, burial authorities would complete a risk assessment of all their burial grounds and from this produce a priority list for memorial inspections. 29. During such a prioritisation process it is essential that each burial authority understands the extent and character of their burial grounds, to effectively undertake a comprehensive memorial inspection programme. These assessments then may be periodically revisited and updated. Considerations for this assessment: • Catalogue all burial grounds under your control. • The location of the burial ground. For example, is the burial ground in a rural or urban setting, on the edge of a conurbation or in the town/city centre, is the area residential or industrial? • Condition of the burial ground e.g. the state of repair of its walls, paths, scope of vegetation coverage etc. • Frequency of services. Are there regular interments with new ground available or is the site used infrequently, for example, are there less than five interments per year? Does the site receive infrequent maintenance compared to others? • Historic or cultural significance. Is the burial ground, its structures or memorials within a site of historic or cultural significance? If so this may require particular management measures or consent for any works. Inclusion of a short statement of the possible historic or cultural significance for each burial ground may strengthen any site and zoning risk assessment. • Layout and topography. The layout and topography of each burial ground will have relevance in formulating a site and zoning risk assessment. Where a burial ground is spread over undulating countryside or subject to ground slippage, soil erosion, subsidence, flooding etc. this may impact memorial stability. • Frequency of public use. Is the site active e.g. interments which are regularly visited? Is there a regularly used thoroughfare through the site Page 20 of 72
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11 such as a public path or are there areas of regular attendance e.g. nearby memorials or site of historical or cultural significance? • Memorial size, design and method of construction. Is there a large variety in type and dimensions to memorials? Are memorials mostly of a smaller, modern design or are memorials of larger, generally historic e.g. pre-1900 dimensions? Are there a mixture of both size, design and construction? • Is the site used for any amenity or other purposes which may increase pedestrian traffic or demand for more frequent maintenance or works? Page 21 of 72
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12 Inspection 30. Each memorial inspection can be considered a unique risk assessment. Every risk assessment should be proportionate with the potential risk presented by each memorial. An initial site and zonal risk assessment, noting the types of memorials within the area and which are of a higher risk and requiring inspection, is crucial. This will assist in preparing and implementing appropriate assessment procedures and carrying out any remedial actions necessary to remove an immediate hazard. 31. Each memorial will be subject to inspection. The dimensions (height and width) of an unstable memorial will, however, be relative to its ability to cause serious or fatal injury in the event of failure. Subsequent actions taken are dependent on these dimensions, and in some cases the historic or cultural significance of the memorial. 32. This guidance notes that it will be burial authority staff who will complete all initial memorial inspections. It is expected that such staff will have been given appropriate training and have the required local knowledge in respect of the burial ground layout and local conditions to be able to do so. 33. The information as set out below is not prescriptive and is instead intended to act as a general guide, to assist in the implementation of a wider inspection programme. Full and detailed training from appropriately qualified persons should always be provided to any authority assessors prior to completing an inspection. Visual Inspection 34. This represents the first stage of any memorial inspection and determines how further inspection or action progresses. Factors such as the dimensions of the memorial, its angle of lean, loose or damaged components and its overall condition will dictate continuing inspection. 35. An initial (360 degree) visual inspection of all sides of the memorial from a safe distance will act as a check of its general condition and identify any obvious signs of damage, wear and tear or lean. Before an assessor approaches the memorial a visual check may be made on any urns, pediments and other ornamentation above shoulder height, if they are present. This initial visual inspection may include an assessment of the foundation (where visible) and the surrounding area e.g. incline, dips, tree roots, vegetation cover etc. Considerations for visual inspection: • Ensure assessors are aware of factors to be considered during visual inspection, and have received appropriate training. • Procedures are in place detailing actions to be taken if a physical inspection is deemed unsafe to complete following a visual inspection. Page 22 of 72
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13 • Procedures are in place and materials available to implement required ‘make safe’ precautions. • Appropriate methods are in place to record inspection findings and actions taken. • Keeping a photographic record to enhance the inspection record. 36. Where a memorial is particularly large e.g. more akin to a structure, or obviously dilapidated, an appropriately trained assessor should decide if the inspection can safely continue or if the memorial should be referred for a more detailed inspection e.g. completed by an external specialist. Appropriate steps should be taken to make the memorial safe at this point until any such further inspection is completed. This assessor may also determine if any other immediate action is required. Physical Inspection 37. Following a visual inspection where the assessor is satisfied that an inspection can been carried out safely, a physical assessment would normally be completed. For the majority of memorials of a modern construction (e.g. a lawn memorial) this will most commonly involve a hand pressure test by a trained assessor. Prior to applying any pressure test by hand, the assessor should be trained to evaluate the safety of conducting this test e.g. considering the dimensions and proportions of the memorial, its surrounding area and any other factors which may compromise safe completion of the test. 38. Generally, a hand pressure test is the application of gentle pressure in one direction (not a rocking movement) normally administered by applying hand pressure to the top of a memorial plate (the upright section of a headstone). In the case of a modern lawn memorial this would generally be at various heights up to 1200 mm. Where possible and when access and escape route is clear, the same pressure is applied to the other side of a memorial at the same height and in the same manner. 39. In the case of obviously large, very heavy memorials, or for any other reason, a hand pressure test may be of limited benefit for assessment purposes as determined by the assessor. A suitably trained assessor will be able to visually assess potential hazards based on the presentation of other indicators. This may include material damage at pressure points, an angle of lean, the state of memorial joints/foundation or obvious structural defects. 40. If any doubt remains on the state and potential risk presented by a memorial, it should be referred to an expert or specialist for further detailed inspection. The memorial would also be suitably cordoned off as soon as possible, in conjunction with any appropriate temporary measures to make safe, if this is the case. 41. Due to the potential of overestimating the risk posed by a memorial, the routine use of mechanical testing equipment is not recommended for assessing memorials and their safety. Page 23 of 72
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14 Considerations for physical inspection: • Ensure assessors are aware of the factors to be considered during a physical inspection and have received appropriate training, are suitably equipped and appropriately supported. • Ensure assessors are fully aware of maintaining their own safety and the safety of others during the entire inspection process. Ensure that assessors are trained on what to do when they discover a suspected or immediate risk. • Consider memorial inspections being completed by a minimum of two persons, rather than a single individual. For example, an assessor and recorder, both appropriately trained in memorial inspection. This can allow quality assurance and corroboration to be built into any inspection programme. • Does the inspection assessment fully incorporate HSE’s ‘five steps to risk assessment’ principles? Recording 42. It is essential that an accurate record of the outcome of each inspection and any actions taken, including referral, are fully recorded and retained in an accessible and appropriate format. In addition, this record may define a hierarchy for the communication of results to all associated parties e.g. lair owners (where possible), other statutory authorities if relevant, management, staff, visitors etc. 43. Further information is set out in the ‘Recording and Communication’ section of this guidance. Making Safe 44. Whilst not prescriptive, the ‘Methods of Making Safe’ section of this guidance sets out some of the options open to burial authorities to make memorials safe. Re-inspection 45. The frequency of return inspections will need to be well defined. The outcome of each inspection and its assessment record will dictate future interaction with each memorial. To ensure safety of each burial ground, a set programme of re- inspections can be implemented. 46. This guidance notes it is accepted that there are usually two outcomes of any inspection ‘pass’ or ‘fail’, with a further element which sits between the two allowing an intermediate rating and flagging for earlier re-inspection. 47. This category system for inspection outcomes may be in the form of a traffic light system e.g. red (fail), amber (pass but flagged for earlier re-inspection e.g. Page 24 of 72
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15 in two years. A date may be recommended and recorded by the assessor at the time of inspection) and green (pass and re-inspect as routine e.g. in five years). 48. Further to the set memorial inspection programme, a burial authority may also have in place procedures for recording concerns or actions raised during the course of completing ‘day to day’ activities in a burial ground, outwith dedicated memorial inspection. These may also be entered into any memorial assessment record. 49. A suggested period of when to routinely re-inspect is a maximum of five years. It is for each burial authority to decide on the appropriate schedule of re- inspections, but a maximum of five years between routine inspections is considered as best practice by this guidance. Considerations for re-inspection: • Are the frequency of re-inspections sufficient? • How are re-inspections recorded? • Would setting out a simple risk hierarchy or categorisation system for prioritising memorial re-inspection assist your inspection programme e.g. a traffic light system. • Are procedures in place that allow memorials to be re-inspected as required e.g. those flagged for concern but not requiring immediate action. Page 25 of 72
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16 Recording and Communication Information to be recorded 50. To ensure that a memorial inspection programme is effectively managed, accurate recording of each element of the assessment is essential. Recording may be in paper or electronic formats. 51. Due to the requirement to consistently refer to the outcome of inspections and update the assessment record, individual records should be easily accessible once stored. This may mean an electronic record system is more appropriate. The record taken at the time of a memorial assessment may include: • The name of the burial ground. • The section and lair number. • Name of assessor(s) who completed the inspection. • Date of inspection. • The location and topography e.g. next to a path, on a slope etc. • The name(s) and date(s) of death recorded on the memorial. • The type of memorial e.g. modern lawn memorial, monolith, wall mounted etc. • The type of memorial material(s) e.g. granite, sandstone, marble, terrazzo, etc. • The structural condition of the memorial e.g. visible wear and tear, damage, cracks, weathering, evidence of previous repair, state of repair etc. • Any lean and the degree of lean of the memorial. • The visibility and condition of the foundation. • The ground conditions e.g. conditions of structures nearby, underground vaults, soil type, drainage, vegetation etc. • If the memorial is designated for its historic or cultural significance (and any consents or licences that may be required for works). • Photographic evidence. • If immediate corrective action is required. 52. Taking a photograph of each memorial before the assessment is carried out, for the memorial inspection record, can be useful when completing future inspections or explaining the outcome of an assessment to lair owners. However photographs alone would not be a substitute to a documented record, as outlined above. Page 26 of 72
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17 53. Some authority bereavement services use specific software administration packages that have modules or elements which will provide inspection recording via hand-held units. There are also readily available packages which have the assessment record, a photograph and a mapping reference stored together in the register of lairs, depending on the software package. Exploration of the feasibility of utilising these types of recording methods is encouraged as best practice. Reporting and Action Taken 54. As well as recording and dating all findings, based upon the suggested list above, it is also important that any actions taken and/or future actions required are contained within this memorial inspection record. 55. In terms of on-going safety, effective reporting of all memorial inspections that require further action is important. The actions taken are completely dependent on the outcome of an inspection. Appropriate recording should be robust enough to ensure that all the relevant tiers of management are aware of these outcomes and the record can be easily accessed. This will also include the need to contact or consult relevant parties and/or obtain consents or licences for work. 56. Further considerations for recording and reporting: • Are paper records suitable for all conditions? • If appropriate, can the inspection record be directly linked to any existing burial records? • What information or categorisation system for inspecting memorials and their safety do assessors require? • How accessible is recorded data? • What process is followed when a memorial is flagged for immediate action to make safe by an assessor, and how is this recorded and implemented? • Is there a set process to ‘prompt’ or ‘flag’ for re-inspections relative to the degree of risk a memorial may present? Page 27 of 72
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18 Methods of Making Safe 57. A programme of memorial inspection is a permanent responsibility. As a result, any methods used to make memorials safe then become part of that programme. Not only are the memorials subject to re-inspection but the methods of making safe should also be periodically re-assessed. 58. General considerations for making safe: • Are authority assessors fully equipped to deal with all circumstances? • Have all appropriate parties been consulted about or informed of the proposed action e.g. staff, management, lair owners, other agencies with a potential interest. • If any consents or licences are required, have these been obtained e.g. work on a listed building or scheduled monument. • Are the methods of making safe proportionate to the risk and have different options been explored? • If employing an external memorial mason or structural engineer to make a memorial safe, is that external contractor appropriately qualified or able to offer an appropriate guarantee for their work? • If a memorial requires immediate action to make safe after an inspection, this action may be taken before formal consultation with lair owners. However, if required, statutory consents or licences must always be obtained before direct action to a memorial is taken. 59. There are a range of options used to make memorials safe, and it is unlikely that one single approach can be universally applied even in a single burial ground. There are a variety of factors which may dictate the method of making a memorial safe and will be dependent on the outcome of each memorial inspection. 60. Any method of making a memorial safe should be done in a manner which would allow that memorial to be readily repaired or reinstalled at a future date by any suitably qualified memorial mason or structural engineer. The following represents a number of potential options for making safe. These high level examples are not exhaustive or prescriptive. Any temporary measures put in place should always be followed up by permanent action to make a memorial safe. Refer to an Expert 61. Input from specialist advisers may need to be considered. This might include seeking advice from local authority conservation advisors, other conservation professionals or structural engineers to assess memorial safety. 62. It is important to note that the act of referral is not strictly a method of making safe, but an important step in the process to achieving it being made safe. In Page 28 of 72
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19 these circumstances, the memorial could be cordoned off in the first instance following referral to another source for assessment and recommendation of further action(s). Repair 63. The long term solution to address all memorials which have failed assessment is to complete a full repair. Any repairs which are carried out would expected to be repaired to current industry standards e.g. BS8415-2018, with an appropriate level of guarantee offered by those making the repairs. 64. Local constraints, potentially imposed by the total cost for large numbers of memorials requiring repair or confirming lair ownership, may mean this is not always possible. However, repair can be the most appropriate and long term solution to ensuring memorial safety and may also be viewed as an effective way to fulfil statutory obligations for any local authority. Public Notices 65. Install highly visible dedicated public notices, with contact information, at the entrances to and within the burial ground advising of both an inspection programme and the potential risks or hazards arising from unsafe memorials. These can generally advise burial ground users of the need to stay clear of memorials. 66. This can be an effective means of drawing attention to the issue, however, it would not address the requirement to make memorials safe if an inspection identifies that action is required. Individual Notices 67. Place an individual notice on or next to a memorial which has not passed assessment, advising of the inspection programme and providing contact details for further information. This may be a more acceptable route for individual, smaller memorials which may not present a general risk to ground users. As with public notices, this method alone will not address the need to make the memorial safe. It may also be considered that as with any notice, there is a risk that it may attract attention to the memorial, so a notice should be highly visible to prevent visitors being in close proximity to a memorial identified as unsafe. Cordoning 68. Using barrier tapes or temporary fencing and attaching a notice to the cordon to prevent access to a memorial of any size which has failed an assessment. This process can address the immediate risk but may require further re- inspection and require follow up with a permanent solution i.e. repair. Page 29 of 72
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20 69. In the case of larger memorials, sturdy temporary fencing of appropriate proportions may be the most effective means to provide immediate short term protection, pending other methods of making safe or repair. This is another method which may encourage and result in greater public attention of the memorial or the inspection programme. Sinking In/Trenching 70. Lifting the memorial off a lair then excavating a trench in front of its foundation to then insert the memorial, which is secured with the backfill material. Any trench should be of sufficient depth e.g. the lower third of a memorial, to ensure the memorial does not continue to present a hazard. Such a method can mean some inscribed text may be obscured and appropriate care is needed to ensure the memorial is not damaged as it is moved. 71. A decision will need to be taken by the authority if memorials made safe by this method require future, routine re-inspection. However, this may be considered as a low risk category. This method may remove the hazard and can provide longer term remedial action while enabling the memorial to perform its original function as a grave marker. Staking and Tying 72. Installing wooden or metal stakes at one or both sides of a memorial which has failed an assessment and then securing the memorial to these by plastic banding. This process may address the immediate concern, but as each memorial can be different, the depth in which stakes are driven into the ground, and therefore the length of the stakes, need be appropriate to the individual memorial. 73. This method may be considered temporary and require further periodic inspection of not only the memorial but also the stakes and banding. Care needs to be taken during this process not to cause damage to the memorial. Laying Flat 74. Laying flat an unsafe memorial, which has failed an assessment, in a controlled manner and with appropriate equipment. This would be so that the inscribed text is face up and the memorial preferably supported slightly off the ground with a gentle slope to allow water to run off. If and when the memorial is re- erected, this gap can allow it to be lifted more easily. 75. A memorial lying flat can have a greater negative aesthetic impact on a burial ground if a large number of memorials are in this position. Widespread use of this method may also present significant cost implications at a future date, especially where many memorials may have been laid flat and may deteriorate further as a result before a repair can be completed. Page 30 of 72
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21 Closure of a Burial Ground or Sections of a Burial Ground 76. Ultimately, a means to control risk can be to seek to remove it completely. It may be that completely restricting access to a burial ground, or a section of a ground, achieves this. In practical terms, however, the closure of burial grounds, or sections of them, is unlikely to be acceptable in regards to service delivery with visitors or lair owners and is not recommended as long term action to mitigate risk. Before such a step is taken, other options should be fully explored to more effectively address memorial safety concerns. 77. Any risk presented by unsafe memorials can remain even where a burial ground is fully closed or access is restricted. Page 31 of 72
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22 Future Proofing 78. As the nature of burial grounds and of burial change over time, the management of these sites can also change. For example, burial grounds can now offer access to valuable city ‘green space’ while still providing a direct link to the heritage of a village, town or city. This may mean the associated management of burial grounds considers how a variety of users and visitors with varying interests are kept safe. Ensuring memorial safety is a significant element of this safe access. Preventative Maintenance 79. Concerns or issues with memorial safety may be mitigated through the general process of routine maintenance of a burial ground. 80. A holistic approach to memorial management, one which considers not only the memorial but the site maintenance too, is encouraged. Grounds maintenance regimes may compromise memorial stability as weed killer and other herbicides can trigger stone decay and soil erosion. Contact from grass cutting equipment has the potential to cause significant damage. A less intensive approach to grass cutting and weed control may assist in preventing deterioration to any memorial and this maintenance may also include routinely cutting back ivy, tree roots, other vegetation etc. 81. Consultation with other relevant or interested parties e.g. community groups within a burial ground may also contribute to a more effective programme of general maintenance being developed and implemented. Minimum Standards of Memorial Installation 82. Setting minimum standards of memorial installation e.g. to BS8415-2018 is an option for burial authorities. For example, this may also include requiring a minimum standard of foundation for all new memorials. Ensuring memorials are constructed and installed to a set standard will build in significant protection and alleviate potentially complex repairs in the future. Professional organisations representing memorial masons may be able to advise on how to best approach this. 83. In conjunction with a minimum standards policy, the application of a memorial mason registration scheme can also be considered, by either creating a local one or joining existing national registration schemes, and will complement such a policy. This can confirm all memorial masons operating in a local authority burial ground are appropriately qualified and insured to install new memorials in accordance to an agreed standard. Continual Review of Industry Standards 84. To assist in the managing of a memorial inspection programme, a number of industry codes of practice are in place to assist with maintaining memorial Page 32 of 72
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23 standards, which may be referred to by a burial authority. Such guidance can provide extensive detail and instruction on how memorials of varying shape, size and construction can be approached in order to be made safe. Community Engagement 85. To build ownership within the community, visitors or local groups could be encouraged to engage and become involved in supporting burial ground management through “friends of” or other community groups. At the discretion of a burial authority, volunteers may be able to generally assist in the identification of certain memorials or flag to a burial authority what appears to be sections of a ground requiring attention. 86. However, volunteers should not be used to visually or physically inspect memorials to assess their safety. This should only be undertaken by appropriately trained and qualified burial authority assessors or other specialists, such as a structural engineer. Page 33 of 72
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24 Important Considerations Historic Burial Grounds and Memorials 87. Many burial grounds contain multi-phase historical evidence in the form of historically significant memorials, buried archaeological remains of earlier structures, the upstanding remains of former churches and the evidence of the local populations which supported them. Many of these continue to retain important historical associations for local and wider communities today. Some burial grounds or memorials within them are designated as being of national importance, for example as scheduled monuments or listed buildings. Scheduled Monuments 88. There are numerous burial grounds included on the schedule of ancient monuments in recognition of their national importance. Information about which burial grounds are scheduled can be identified via the online search tool Pastmap https://pastmap.org.uk/map. It is a criminal offence to carry out unauthorised works, or to allow unauthorised works to be carried out, on a scheduled monument. This is set out in the Ancient Monuments and Archaeological Areas Act 1979. 89. Scheduled monument consent is the mechanism by which HES ensures that any changes to monuments of national importance are appropriate and sympathetic to their character. It helps to protect what is a rare and unique resource. Further information can be found here https://www.historicenvironment.scot/advice-and-support/applying-for- consents/scheduled-monument-consent. 90. Most works on scheduled monuments require scheduled monument consent from HES. This includes repairs and many conservation works. Works requiring consent are defined as: • any works resulting in demolition, destruction or damage to a scheduled monument, • any works for the purpose of removing or repairing a scheduled monument or making alterations or additions, • any flooding or tipping operations in, on or under land where there is a scheduled monument. 91. Some types of works do not require scheduled monument consent as they are deemed to have consent under the terms of the Ancient Monuments (Class Consents) (Scotland) Order 1996. Works covered under class consents include some types of ploughing, emergency works and works carried out as part of a management agreement. Of particular relevance are Class V works, which are those that are urgently necessary in the interests of health or safety. Such urgent works might include: Page 34 of 72
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25 • erecting masonry supports to prevent collapse, • the fencing of an area of unstable memorials, • other minor works where there is an immediate threat to the public. 92. Such works are covered under Class V of the Class Consents Order, provided that the works are limited to the minimum measures immediately necessary. You must notify HES of any works carried out under Class V. Listed Buildings 93. HES list buildings or man-made structures of special architectural or historic interest. Listing is the way that a building or structure of special architectural or historic interest is recognised by law through the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Listing covers both the exterior and the interior. Listing can cover structures not mentioned which are part of the curtilage of the building, such as memorials in a burial ground or the burial ground itself. 94. There are a significant number of burial grounds across Scotland which may carry a HES listing and therefore the memorials would be included in this listing. In the context of urgent works, the historic significance/heritage values of a listed memorial should, where possible, inform the options for making safe. However, there may be situations where urgent works for health and safety purposes will need to proceed immediately. The need to carry out this work may require late consent, and all actions should be recorded to ensure that they can be justified if required. 95. Local Authorities are responsible for determining whether Listed Building Consent (LBC) is required. Where LBC is required and it relates to a Category A or B Listed building the local authority is required to consult with HES prior to reaching a view. Commonwealth War Graves Commission (CWGC) 96. In Scotland, there are over 21,000 war graves and commemorations. Where there is a known burial location, war graves are marked with either the Commission’s standard war pattern headstones which are easily recognisable, or with private family memorials, which vary in size, shape and design. These private family memorials are not immediately recognisable as war graves due to their varying designs, so it is important that burial authorities understand the scope of the CWGC’s commitment. 97. There are over 5,200 war graves in Scotland commemorated with a private family memorial. If any burial authority is unclear whether a particular lair is a war grave, clarification from the Commission can be obtained. Where a standard pattern Commission headstone is not appropriate or there is no private family memorial, the Commission may place one of its other standard pattern markers. Page 35 of 72
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26 98. The Commission is the lair rights owner for a number of war graves in Scotland. However, some lairs are abandoned, or are owned by the family. The Commission is still responsible for all war graves, notwithstanding lair rights. 99. The Commission regularly inspects all war graves to ensure that they adequately commemorate the war casualty. War graves commemorated with private family memorials are inspected to ensure that they provide adequate commemoration. The Commission does check the stability of its headstones as part of its inspection cycle of all war graves on a 4 to 5 yearly basis but local authority burial authorities remain responsible for ensuring the safety of their burial grounds for visitors. 100. Burial authorities may be obliged to inspect all headstones in their respective burial grounds more frequently, so inspection by the Commission does not absolve a burial authority’s obligation to complete such testing of all memorials. 101. Whilst the CWGC actively ensures that standard pattern headstones are repaired and replaced as required, the Commission cannot operate such control over private family memorials, many of which are nearly 100 years old. Therefore, the Commission may engage with burial authorities to ensure the safety of private memorials and to ensure those casualties continue to be commemorated in perpetuity. Bespoke or Unauthorised Memorialisation 102. Although not strictly considered as part of a memorial inspection programme, issues may arise in regards to maintenance, health and safety considerations and, possibly, aesthetics arising from unauthorised memorialisation. This is represented by memorials where additional fences, coping stones, solar lights, etc. are placed by the lair owner or others. 103. Where such memorialisation is not permitted due to the impact upon any inspection process or other ground maintenance, due consideration must be given by lair owners to relevant burial ground regulations set by the authority. It is a burial authority’s responsibility to uphold these regulations and make lair owners aware of their duty to these. Page 36 of 72
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27 Overview 104. The table below highlights an ‘at a glance’ description of elements which can be included in any inspection programme. Subject Actions Planned Outcome Inspection Programme Agree a policy. Consult the stakeholders: • lair-holders and public, • staff and senior management, • local authority architects or structural engineers, • other statutory bodies, • memorial masons, • funeral directors, • elected members of local authority, • relevant community groups or interest groups. Publish the policy and commit to review the policy. This allows an authority the chance to produce a policy that considers all its elements and may create a practical and workable process of inspections. By publishing and subsequently reviewing the policy at a set date the authority can ensure that all elements meet with current good practice and continue to reflect stakeholder input. Training Assess the availability of specific training from organisations such as: • FBCA • ICCM • NAMM • independent specialist There are a range of training opportunities, most of which will meet a recognised standard e.g. provided by trade representative bodies. Before deciding on which training best meets the needs of your circumstances, it may be worth providing the training agency with a copy of your inspection policy. In some circumstances the agency may assist in the preparation of a policy. Site and Zoning Risk Assessment Complete a process of prioritising the sequence of inspections across all locations e.g. identifying memorials in one burial ground as the first to be inspected, and memorials in a second burial ground as a lower risk to be inspected after, and so on. Referencing criteria listed earlier in this guidance, assess all the burial grounds under your control. A score rating may be used e.g. the higher the frequency of visitors, higher the score would be. By applying this to each criteria, a total score will provide each site with a rating for categorising inspections. Once this zoning assessment has provided a priority of action, use the same criteria in each burial ground to provide a priority of actions in each site. Where relevant, specialist advice can be sought. Where necessary, consents or licences should be obtained. Notification Notify all relevant parties. This may include: • lair owners, • memorial masons, • funeral directors, • elected members of local authority, • relevant organisations which may have an The widespread publication of the inspection programme and what it aims to achieve may ease the anticipated impact of any action. Notices, examples of which provided earlier in this guidance, can also provide contact information and explain the on-going nature of the programme. Page 37 of 72
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28 interest in the memorial e.g. local authority archaeology and conservation advisors, HES, CWGC, community councils, city heritage trusts, friends groups etc. Inspections • inspect all memorials, • record all inspections, • record all actions, • identify when re- inspections will take place, • complete inspections. The inspection programme may include all memorials within the burial ground. By applying a detailed risk assessment to each memorial the most suitable course of action may be identified. Referencing guidance earlier in the document, a record of inspections can list the factors assessed, the basis for the outcome, the action taken and also the expected time period before re-assessment. Making Safe • repair, • cordoning, • sinking in/trenching, • staking and tying, • laying flat, • ground or section closure. Some or all of the listed processes earlier in this guidance for making safe may be applied within a single burial ground. Before deciding on what to use, the on-going maintenance and scale of use of each process should be evaluated. Other methods of making safe may be identified by the authority as being appropriate to undertake. Referring to an expert or outside specialist may however be the best way to fully ensure memorial safety in a burial ground. Reporting • lair owner, • visitors, • management, • staff, • scheduled monument or listed status – appropriate notification to relevant authority e.g. HES. Whilst making direct contact with a lair owner of any memorial may be difficult, a record of the outcome of any inspection should be recorded against the appropriate entry in a lair register. It is also important to ensure necessary stakeholders are aware of the outcome of inspections. In addition it is important to ensure an effective process is in place to advise management (and possibly elected council members) of outcome of inspections. Where necessary, the need for consents or licences for proposed management measures should be identified. Review Fully review the policy and its processes at agreed, set intervals. As good practice, this entire memorial inspection programme will benefit from regular and scheduled review. This ensures that all elements retain appropriate effectiveness. Page 38 of 72
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29 Conclusion 105. The aim of this guidance is to assist local authority burial authorities to fully review, revaluate and update their memorial inspection programmes as required. 106. Any inspection programme and its management will be specific to each authority. However by referencing the above sections, considerations and suggestions an authority can improve the effectiveness of their memorial inspection programme and wider programme of burial ground management. Commitment to review 107. This guidance will be fully reviewed by the Scottish Government once the Burial Ground (Scotland) Regulations come into force during 2019/20 (subject to parliamentary timescales), as part of the ongoing implementation of the Burial and Cremation (Scotland) Act 2016. Page 39 of 72
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30 Annex A Useful Contacts and Links Scottish Government Burial, Cremation, Anatomy & Death Certification Team Contact: burialandcremation@gov.scot Commonwealth War Graves Commission (CWGC) Email: enquiries@cwgc.org Tel: 01628 634221 Search for a CWGC cemetery or memorial: https://www.cwgc.org/find/find- cemeteries-and-memorials Federation of Burial and Cremation Authorities (FBCA) Email: secretary@fbca.org.uk Tel: 0292 167 9105 Historic Environment Scotland (HES) Email: enquiries and consultations: hmconsultations@hes.scot Search for a Listed Building: http://historicscotland.maps.arcgis.com/apps/Viewer/index.html?appid=18d2608ac12 84066ba3927312710d16d Search for a Scheduled Monument: https://www.historicenvironment.scot/advice-and-support/listing-scheduling-and- designations/scheduled-monuments/search-for-a-scheduled-monument Search for a Historic Environment Designation: https://pastmap.org.uk/map Guidance on how to apply for scheduled monument consent: https://www.historicenvironment.scot/advice-and-support/applying-for- consents/scheduled-monument-consent Institute of Cemetery and Crematorium Management (ICCM) Email: iccmjulie@gmail.com Tel: 020 8989 4661 National Association of Memorial Masons (NAMM) Email: technical@namm.org.uk Tel: 01788 542264 Scottish Bereavement Benchmarking Group (SBBG) Facilitator: Glasgow City Council Email: David.MacColl@glasgow.gov.uk Tel: 0141 287 3966 Page 40 of 72
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31 Annex B Terminology Term Definition Burial Authority Defined in the Burial and Cremation (Scotland) 2016 Act as the person having responsibility for the management of a burial ground. Burial Ground Defined in the 2016 Act as meaning land used, or intended to be used, primarily for the burial of human remains and where a charge for burials is made. This definition also includes land that was, but is no longer, used primarily for the burial of human remains. Burial Ground (Scotland) Regulations Regulations made under the 2016 Act relating to burial. The relevant sections of the 2016 Act and its regulations will come into force during 2019/2020. BS8415-2018 A non-statutory industry requirement set by The British Standards Institute and originally founded on the NAMM Code of Working Practice. Widely recognised, it is an example of industry approved guidelines which generally apply to all new and reinstated memorials. Conservation Area A conservation area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Demolition of unlisted buildings or other structures within these areas may require Conservational Area Consent. Interment The act of burying human remains in a lair. This may be either within a coffin or cremated remains within a container e.g. an urn. Lair A grave/ plot within a burial ground. Lair Owner The owner of the right of burial in a grave/ plot, usually a family member of those interred. Listed Buildings Buildings of special architectural or historic interest. Buildings are put into one of three listing categories according to their relative importance (A, B or C). Memorial All forms of headstone or grave marker, of any size or type, within a burial ground. Memorialisation The act of placing physical items on or around a graveside, including the memorial, by relatives or others. Most burial authorities have burial ground regulations which set out how objects may be placed and at what distance from a memorial. Memorial Mason An appropriately qualified and skilled individual able to produce, repair and erect memorials to the required standard. Scheduled Monument There are over 8000 scheduled monuments in Scotland, which are recognised as being of national importance and are legally protected to ensure they are preserved for future generations. Most works to Scheduled Monuments require Scheduled Monument Consent from Historic Environment Scotland. Page 41 of 72
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32 Annex C List of Contributors This guidance has been developed with contributions from and in agreement with the following organisations: • Commonwealth War Graves Commission (CWGC) • Dumfries and Galloway Council • East Ayrshire Council • Federation of Burial and Cremation Authorities (FBCA) • Glasgow City Council • Highland Council • Historic Environment Scotland (HES) • Institute of Cemetery and Crematorium Management (ICCM) • Inverclyde Council • Midlothian Council • National Association of Memorial Masons (NAMM) • National Committee on Carved Stones in Scotland (NCCSS) • North Ayrshire Council • North Lanarkshire Council • Perth and Kinross Council • Renfrewshire Council • Scottish Bereavement Benchmarking Group (SBBG) • Scottish Borders Council • South Lanarkshire Council Page 42 of 72
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w w w . g o v . s c o t © Crown copyright 2019 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.scot Any enquiries regarding this publication should be sent to us at The Scottish Government St Andrew’s House Edinburgh EH1 3DG ISBN: 978-1-78781-852-1 (web only) Published by The Scottish Government, June 2019 Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA PPDAS589031 (06/19) Page 43 of 72
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Burial Regulations: Guidance February 2025 Appendix 2 3 Page 45 of 72
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2 Contents 1. Introduction ...................................................................................................... 3 2. The Burial Management Regulations ............................................................... 3 2.1 Regulation 1: Citation, commencement and interpretation .......................... 3 2.2 Regulation 2: Burial management plans ...................................................... 3 2.3 Regulation 3: Maintenance of burial grounds ............................................... 6 2.4 Regulation 4: Safety of headstones and other memorials ............................ 6 2.5 Regulation 5: Removal of unauthorised headstones or other memorials ..... 8 2.6 Regulation 6: Training .................................................................................. 9 2.7 Regulation 7: Maintenance of equipment ..................................................... 9 2.8 Regulation 8: Designation for use by faith, religious or belief groups .......... 9 3. The Applications and Register Regulations ..................................................... 9 3.1 Regulation 1: Citation, commencement and interpretation .......................... 9 3.2 Regulation 2: Records ................................................................................ 10 3.3 Regulation 3: Application for burial ............................................................. 10 3.4 Regulation 4: Burial Register ...................................................................... 18 Page 46 of 72
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3 1. Introduction The Burial and Cremation (Scotland) Act 2016 (the 2016 Act) provides Scottish Ministers with the powers to make regulations for or in connection with: • the management, regulation and control by a burial authority of burial grounds • applications to carry out burials • and burial registers The Scottish Ministers have made two sets of regulations in exercise of these powers. They are The Burial (Management) (Scotland) Regulations 2025 (The “Burial Management Regulations”) and The Burial (Applications and Register) (Scotland) Regulations 2024 (“The Applications and Register Regulations”). This guidance aims to help understanding of what the regulations do, what the legal requirements are and what is not permitted. To keep updated with all funeral-related matters, interested parties can sign up to the Scottish Government’s Funeral Industry News Blog using the registration page. 2. The Burial Management Regulations 2.1 Regulation 1: Citation, commencement and interpretation Regulation 1 states the date on which the regulations come into force as 1 March 2025. From this date burial authorities must comply with the requirements of the Burial Management Regulations. Regulation 1 also sets out the definitions used in the regulations. A “plan” has the meaning given in regulation 2(1)(a) which is a burial management plan in respect of a burial ground. Further information about the required content of the plan is provided under regulation 2 below. A “scheduled inspection” is a regular inspection of headstones and other memorials to ensure they are in safe order. 2.2 Regulation 2: Burial management plans Regulation 2 requires each burial authority to prepare and maintain a burial management plan and to ensure that burial grounds are managed and operated in accordance with the plan. A burial authority may apply one plan to more than one site. For example, a burial authority may choose to have one management plan which applies to all of its burial grounds. If it is considered more appropriate, they may choose to have an overarching strategic burial management plan with individual tailored plans under this, applying to each of its burial grounds. A burial management plan is essentially a burial authority’s operating manual. The plan does not need to be lengthy but must contain enough detail to cover the information required by the regulations. The plan should be made available for inspection by the Inspector of Burial and members of the public. Burial authorities Page 47 of 72
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4 may consider publishing management plans, if the burial authority has a website, to enhance public accessibility. The minimum information that a burial authority must include in the plan is detailed in the paragraphs below, but may also include anything additional that is considered relevant to the individual burial authority. Burial ground information (regulation 2(4)(a) and (b)) The plan should include the name and address of each burial ground to which the plan applies. It would also be helpful to include contact details for the burial authority such as the address of head office and an email address, website and/or phone number. The plan should also set out which of its burial grounds are accepting— • new coffin and ashes burials • new ashes burials only • new coffin burials only • no new burials If a burial ground stops operating or if a burial ground is expanded or becomes operational again, then the plan must be updated at the 12 month review point to reflect this (see more on regulation 2(4)(d) below). The procedures for carrying out burials (regulation 2(4)(c)(i)) A burial management plan must include information about the burial ground’s procedures for carrying out burials. This could include the whole burial process including: • arrangements for making bookings • preparing the lair • considering the application • receipt of the body/ body part/ pregnancy loss/ ashes • conducting the service • final internment The information can be set out in whatever format the burial authority considers appropriate; for example it may be a flow chart. Procedures for dealing with an unexpected increase in the number of burials (regulation 2(4)(c)(ii)) The plan should include information about how the burial authority would deal with an increase in burials, for example, due to a sudden increase in winter deaths or a pandemic. We recommend that the burial authority sets out in the plan how it would cope in such situations and have details of who to contact when preparing for a mass fatality Page 48 of 72
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5 event, such as the Scottish Government, Scottish Environment Protection Agency (SEPA) and NHS. The operation and servicing of equipment (regulation 2(4)(c)(iii)) The plan must include details of the procedures for the operation and servicing of all equipment that is owned by the burial authority and used in the burial process or to maintain the burial ground. This could be by setting out in the plan where the relevant information can be found rather than including every detail in the plan itself. For example, stating where the operating manual and the service log for equipment are located and who has responsibility for maintaining equipment and ensuring it is serviced regularly. Procedures for ensuring burial grounds are maintained in good order (regulation 2(4)(c)(iv)) The plan should set out how a burial authority maintains its burial grounds in good order. Burial authorities can decide how much information to include in this section. Some examples of what could be included: • arrangements and frequency for general ground maintenance including: lawn maintenance, pruning, weed control, leaf clearance and tree maintenance and whether ground maintenance is undertaken in-house or contracted. • arrangements for amenities upkeep: bins, benches, pathways, signage. • inspection, identification and prioritisation of works (e.g. to any buildings, walls, fences, drainage, access gates, parking, lighting, levelling of lairs). • environmental/ biodiversity strategies (recycling processes, rewilding plans). • wildlife management, especially burrowing species such as rabbits and badgers. • conservation management for old and historically significant monuments, including a list or register of statutory designations. • burial authority policy on the removal of tributes. • a scale plan of the burial ground showing above ground features. Maintenance is discussed further under regulation 3. Procedures for carrying out scheduled inspections, including the frequency of such inspections (regulation 2(4)(c)(v)) The plan should give details of how burial authorities carry out inspections of headstones and other memorials to ensure they are in safe order and how frequently inspections are carried out. More on safety of headstones and memorials can be found under Regulation 4. Contingency arrangements for any unexpected disruption to operations (regulation 2(4)(c)(vi)) The plan should include details of resilience and contingency planning. This section should include what would be done when dealing with a disruption to service such as Page 49 of 72
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6 sustained inability to carry out burials in a burial ground due to severe weather events, such as major flooding or coastal erosion, or any other unexpected disruption to services or burial ground access, such as police incidents or falling masonry. Contingency plans should consider what arrangements would be put in place if there is a lack of staff available to carry out burials in the event of absenteeism. Review of the plan (regulation 2(4)(d) All burial authorities are required to have a plan in place by 1 March 2026. The plan must be reviewed at least annually to ensure it is up to date and relevant. It should be updated as required. Any additional information that a burial authority considers relevant can be added at any time. 2.3 Regulation 3: Maintenance of burial grounds Regulation 3 requires burial grounds to be maintained in “good order”. The standards of maintenance required will depend on the general use of the burial ground and frequency of visitors. Woodland burial grounds, for example, may require less intensive maintenance than other burial grounds. City centre historic burial grounds can attract high numbers of visitors and may have old, large structures which require more careful maintenance and management. A burial authority will be expected to follow its management plan in this respect and more information on the type of information expected to be set out in the management plan is outlined under Regulation 2: Burial Management Plans. The responsibility for ensuring that burial grounds are maintained in “good order” will be assessed by Inspectors of Burial appointed under the 2016 Act. It will be for inspectors to determine the relevant factors to be taken into consideration during inspections which may include: the type and conditions of each burial ground and the broader objectives of the burial authority. In order to comply with the duty to maintain burial grounds in good order, the Burial Management Regulations set out the steps that a burial authority may take in order to comply with this duty. These are listed in full in Regulation 3 and range from maintaining and repairing buildings to managing vegetation. 2.4 Regulation 4: Safety of headstones and other memorials Inspections (regulation 4(1)) The maintenance of headstones is the responsibility of the lair right-holder. However, it is well known that over time and with the historic practice of selling lair rights in perpetuity, maintenance work is often not carried out because the owner is absent or cannot be traced. This is particularly true for headstones which are older and these tend to be the ones which require corrective action to be taken. In addition, burial Page 50 of 72
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7 authorities have duties under the Occupiers’ Liability (Scotland) Act 1960 and the Health and Safety at Work etc. Act 1974 to do all that is reasonably practicable to ensure that visitors and those working in burial grounds are not exposed to risks to their health and safety. Regulation 4(1) of the Burial Management Regulations requires burial authorities to carry out regular scheduled inspections to identify any headstone or memorial which is not in safe order. The frequency of scheduled inspections is not specified in regulations as this decision will depend on the requirements of each burial ground. However, the frequency and procedures for carrying out scheduled inspections are to be set out in a burial authority’s burial management plan, as described above under Regulation 2: Burial Management Plans. Importantly, the requirement to carry out scheduled inspections does not prevent burial authorities from carrying out inspections at other times as needed, nor from taking measures to keep headstones or other memorials safe in the interim. The Burial Ground Memorial Safety Guidance (“the 2019 guidance”) was published in 2019 following the death of a child in a Scottish burial ground. The 2019 guidance assists local authorities (and other burial authorities) to meet their obligations to inspect and make safe memorials and headstones. Public Notification (regulation 4(2)) Bereavement is an emotive experience. Failure to suitably advise lair owners and visitors of the presence, potential impact and related corrective action of a memorial inspection programme of any scale may cause further distress. Ultimately, the responsibility for lair maintenance lies with the lair right-holder and public notification of inspections helps raise awareness amongst the community. Therefore, prior to carrying out a scheduled inspection, regulation 4(2) requires a burial authority to take steps to notify the public of the dates on which the inspections will occur and what steps may be taken to make headstones safe. The format and method of notification is not set out in the regulations as burial authorities will have discretion on how best to raise awareness for their local communities. Some methods are suggested in the 2019 guidance, such as: social media, signage at burial grounds and local press. The requirement to notify the public of scheduled inspections does not prevent a burial authority from making direct contact with a lair right-holder about an individual headstone and any required remedial action. Lair right-holders, if contactable, may appreciate the direct contact and may arrange for the headstone to be repaired. Returning to safe order (regulation 4(3)) Regulation 4(3) permits burial authorities to repair, make safe, reposition or remove a headstone or other memorial, alter the surface of a lair or remove or reposition railings, slabs or kerbs. The method for making memorials safe is at the discretion of burial authorities but the 2019 guidance sets out various questions that burial authorities should ask when considering the options, such as: Page 51 of 72
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8 • are the methods of making safe proportionate to the risk and have different options been explored? • have appropriate parties been consulted about or informed of the proposed action? For example, depending on the circumstances, it may be advisable to consult with archaeologists or the Commonwealth War Graves Commission. • if employing an external memorial mason or structural engineer to make a memorial safe, is that external contractor appropriately qualified or able to offer an appropriate guarantee for their work? Important considerations in respect to the historic environment are set out in the 2019 guidance, with scheduled monuments and listed buildings given specific protection in existing legislation.1 The regulations do not impose a duty of repair but rather grant powers to burial authorities to take the necessary steps required to make headstones safe. Whilst full repair of headstones may have benefits for the purpose of conservation and general aesthetics, it is for burial authorities to decide what steps to take. If a burial authority decides to remove a headstone or memorial from a burial ground due to safety concerns caused by long dilapidation, the burial authority may, if it is reasonable in the circumstances, consider cordoning off the memorial for a period of time (to be decided by the burial authority) with physical notices displaying the intention to remove it. The burial authority could consider keeping a record of any legible inscription prior to its removal. 2.5 Regulation 5: Removal of unauthorised headstones or other memorials Regulation 5 enables burial authorities to remove unauthorised headstones or memorials, i.e. those which have been erected without the authorisation of the burial authority. The burial authority is not required to have the memorial removed if there is no objection to it. However, if the burial authority does wish to remove it then it is recommended that they make reasonable attempts to contact the person responsible for it to request that they make arrangements for its removal. If the burial authority cannot make contact or the person refuses to remove it, then the burial authority can remove and dispose of it in a way they choose, but should be mindful and sympathetic to the circumstances. Regulation 5 provides burial authorities with the right to recover costs associated with its removal from the person responsible for the headstone. 1 Ancient Monuments and Archaeological Areas Act 1979, Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. Page 52 of 72
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9 2.6 Regulation 6: Training The Burial Management Regulations require staff to be adequately trained in relation to their day-to-day duties at the burial ground and require burial authorities to keep a written record of training. The aim of this regulation is to ensure that staff have the relevant knowledge and training for their role in the maintenance and management of burial grounds. Training may include: in-house, on the job training, online learning or training delivered by trade bodies and other specialists and may include, for example, training on: • burial ground management and compliance with legislation • exhumation of human remains • inspection and management of memorials • excavator operation • grave shoring and safety procedures The regulations do not include any requirement to achieve a particular level of training or qualification. This is because the infrastructure is not yet in place in Scotland or the UK to deliver independently accredited training and qualifications. However, a record of training is subject to inspection by Inspectors of Burial appointed under the 2016 Act. This will enable inspectors to monitor the training provided by burial authorities throughout Scotland in terms of the duty on burial authorities to ensure staff are adequately trained in their day to day duties at the burial ground. 2.7 Regulation 7: Maintenance of equipment Regulation 7 requires all equipment that is owned by the burial authority and used for the maintenance of burial grounds, to be serviced and maintained according to manufacturer instructions and a record kept of such servicing. 2.8 Regulation 8: Designation for use by faith, religious or belief groups A burial authority can designate part of a burial ground for use by a particular faith, religious body or belief group and this can help to ensure that specific requirements are followed and respected. Some faith and belief groups request dedicated areas where members of the same community may be buried and remembered together and this can be for reasons of religious requirement, burial custom and practice, traditions or logistics. This is a power and not a duty and it is at the discretion of the burial authority whether to provide it, based on local community needs. 3. The Applications and Register Regulations 3.1 Regulation 1: Citation, commencement and interpretation Page 53 of 72
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10 Regulation 1 states the date on which the regulations come into force. From 1 March 2025 all applications for burial must be carried out in accordance with the requirements of these regulations and the requirements regarding record keeping and the burial register in the regulations must also be complied with. Application forms received by a burial authority on or after 1 March 2025 should be one of the new burial application forms which are set out in the schedules to The Applications and Register Regulations. If a burial authority chooses to create the burial forms in a different digital format (i.e. different to the PDF supplied by the Scottish Government), this is acceptable as long as the information contained within the forms is unchanged. Burial application forms can be sent electronically and signatures can either be a signature in ink or an electronic signature. An electronic signature is a signature in digital ink or an image of a signature, but must be in the signatories’ handwriting. The signature cannot be typed. 3.2 Regulation 2: Records Burial authorities will be required to retain burial application forms and accompanying documentation and certificates for 50 years from the date of burial. The forms should be treated as confidential by the burial authority. They must be stored in an accessible format, in a secure manner, taking measures to minimise the risk of loss or destruction, for example, by keeping paper copies in a locked, fireproof cabinet or ensuring electronic versions are backed up on a secure server. 3.3 Regulation 3: Application for burial The right to apply for a burial (Regulation 3(2)) Where the burial is for the remains of an adult Where the deceased was an adult and made a will or other testamentary writing nominating someone to arrange their funeral, the 2016 Act provides that that nominated person can make the arrangements for the burial or cremation of the deceased. The Regulations therefore provide that that person may submit a burial application form (a person specified in a “death declaration”). If there is no nominated person or the nominated person is unable to or does not wish to make the arrangements for any reason, the nearest relative may make arrangements under the 2016 Act. The Regulations provide that the nearest relative may submit a burial application. The nearest relative is the person specified according to the hierarchy set out in section 65 of the 2016 Act as the person who may make arrangements on the death of a person in the absence of a death declaration: (a) the adult's spouse or civil partner, Page 54 of 72
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11 (b) neither married to nor in a civil partnership with the adult but was living with the adult as if they were married to each other and had been so living for a period of at least 6 months (or if the adult was in hospital immediately before death had been so living for such period when the adult was admitted to hospital), (c) the adult's child, (d) the adult's parent, (e) the adult's brother or sister, (f) the adult's grandparent, (g) the adult's grandchild, (h) the adult's uncle or aunt, (i) the adult's cousin, (j) the adult's niece or nephew, (k) a friend of long standing of the adult. A relationship of the half-blood is treated the same as a relationship of the whole blood. If the adult’s spouse or civil partner was permanently separated (either by agreement or under an order of a court) from the adult, or had deserted, or had been deserted by, the adult and the desertion continues, then “spouse or civil partner” is omitted from the hierarchy. A person may also be entitled to make arrangements on the death of a person if they are specified in a court order to that effect (granted by the sheriff court under section 68 of the Act). The Regulations provide that such a person may also submit a burial application form. Regulation 3(2)(a) of The Applications and Register Regulations provides for instances where an adult dies in a care home 3(2)(a)(iii) or hospital 3(2)(a)(iv). Where a person dies and it appears that no arrangements are being made, the local authority has a duty under section 87 of the 2016 Act to arrange the burial or cremation, but can ask a member of staff or manager authorised by the care home (8(4)) or hospital (8(5)) to make the application on its behalf. If the remains to be buried are the ashes of the deceased adult, the same applies. Where the deceased nominated a person in an arrangements of death declaration or in the deceased’s will, the nominated person may complete the application to bury the ashes. If the deceased did not nominate someone, the hierarchy is that set out in section 65, or the court may appoint a person to make arrangements (section 68) and that person may make the burial application. An application for burial is not required for the scattering of ashes. Where the burial is for the remains of a child The nearest relative of the child is entitled to make the arrangements on the death of the child. The Regulations provide that the nearest relative may then apply for the burial. The nearest relative is the person entitled to make arrangements on death for burial or cremation under the hierarchy set out in section 66 of the 2016 Act. Page 55 of 72
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12 (a) the child's parent or a person who had parental rights and parental responsibilities in relation to the child (but who is not a local authority), (b) the child's brother or sister, (c) the child's grandparent, (d) the child's uncle or aunt, (e) the child's cousin, (f) the child's niece or nephew, (g) a friend of long standing of the child. A relationship of the half-blood is treated as a relationship of the whole blood. As with the case for deceased adults a person may apply to the court for an order authorising them to make arrangements (section 68). The Regulations provide that that person may make the burial application. Where the burial is for the remains of a stillborn baby Where the burial is for a stillborn baby, the woman who experienced the stillbirth, or a person with authority to make the arrangements under sections 69-76 of the 2016 Act (e.g. the nearest relative of the stillborn baby or the appropriate health body), can complete the burial application form. Where the burial is for the remains of a pregnancy loss Where the burial is for a pregnancy loss, the woman who experienced the loss, or a person with authority to make the arrangements under sections 77- 84 of the 2016 Act (e.g. an individual specified by the woman or the appropriate health body), can complete the burial application form. Age of applicant An application for burial can usually only be completed by someone who is 16 years old or older. However, if the applicant is the parent of a deceased child or has had a stillbirth or pregnancy loss, they can make the application even if they are younger than 16. Why the applicant should complete the application form It is for the applicant to declare on the application form that they are entitled to make the application and they must sign the declaration on the form confirming this. Should there be a dispute amongst relatives, the burial authority or funeral director is not required to arbitrate on who should complete the form. In signing the form, the applicant is acknowledging they agree to the legal declaration. An applicant is potentially liable on summary conviction to a fine up to Level 3 on the standard scale if any information on the application form is knowingly false. The applicant should have the opportunity to review the questions and answers and they should be made aware that they are signing a legal declaration. Page 56 of 72
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13 In no circumstances should a funeral director complete the form in advance of meeting with the applicant, or on behalf of the applicant, then merely get the applicant to sign the form. The applicant is required to sign the form and to confirm that the information contained in the form is complete and correct to the best of their knowledge. It is understood that there will be times where an applicant will be unable to complete the form themselves. In such circumstances, the funeral director, or another individual, can act as a scribe for the applicant if that is required and complete the answers to the questions on the form under the instruction of the applicant. This should only be done in the presence of the applicant and the funeral director should go through each question with the applicant before writing down the applicant’s answer. The applicant must sign the form and confirm that the information is complete and correct to the best of their knowledge. The application forms (Regulation 3(3) and Schedules 1 -7) The Regulations set out the application forms to be used for the different circumstances and the type of the remains to be buried. Each application form has its own set of guidance notes attached which can assist applicants to complete the form. Form To apply for burial of: Used by: Regulation Burial form 1 (BF1) Adult or child Nominated individual or nearest relative 3(3)(a) and Schedule 1 Burial form 2 (BF2) Stillborn baby Woman, health body or nearest relative 3(3)(b) and Schedule 2 Burial form 3 (BF3) Pregnancy loss on or before 24 weeks gestation Woman or nominated individual 3(3)(c) and Schedule 3 Burial form 4 (BF4) Pregnancy loss(es) on or before 24 weeks gestation Health body 3(3)(d) and Schedule 4 Burial form 5 (BF5) Adult or child (section 87 application) Local authority 3(3)(e) and Schedule 5 Burial form 6 (BF6) Body or body parts after anatomical examination University anatomy school 3(3)(f) and Schedule 6 Burial form 7 (BF7) Body parts after anatomical examination (where deceased died before 14 February 1988 or the date of death is not known) University anatomy school 3(3)(g) and Schedule 7 Page 57 of 72
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14 If the remains to be buried are ashes, the form to be used will depend on whether the ashes are of an adult, child, stillborn baby or pregnancy loss. For example, if the ashes are of an adult, then Form BF1 should be used. The application forms are statutory forms. The content of the forms, the wording on the forms and the questions should not be altered, deleted or added to (unless an amendment is provided for in this guidance). Burial authorities can add their stamp/ logo and the burial number to the front of the forms. If a burial authority chooses to create the burial forms in a different digital format (i.e. different to the PDF supplied by the Scottish Government), this is acceptable as long as the information contained within the forms is the same. Any additional questions/ information required to carry out a burial service should not be added to the statutory application form but should be included in a separate supplementary form. Each burial authority can use their own supplementary form and include on it any information that is relevant to individual burial authorities. The front page of each burial application form asks for the date and time of the service and it is acceptable for this information to be completed by the funeral director when arranging the funeral. An application form should be completed by the applicant and not by a third party. If the applicant is not physically capable of completing the form they can authorise someone to complete it on their behalf and act as their scribe, but the form should be completed in their presence and must be signed by them. The individual should take their own advice on the completion of the form as they must make the declaration as to the information being complete and correct. If there is any reason why a burial cannot go ahead at a burial ground and has to be moved to another burial ground, a new application form should be completed. Changing instructions Where an applicant wishes to change their original instructions before the burial takes place (either via the funeral director or directly to the burial authority) the change of instruction must be signed by the applicant. The change can be notified to the burial authority on a “change of instructions” form or by email from the applicant’s email (or forwarded on from the funeral director’s email). Whatever method is used it must include a handwritten, jpeg or digital ink signature against the alterations. It is crucial that an applicant’s change of instruction is passed to the burial authority as quickly as possible. It is not necessary to complete a new application form as long as the burial authority is satisfied there is a clear audit trail of the instructions and any subsequent changes and the applicant has signed against all alterations. Where the applicant instructs a change of burial ground or it is necessary to change to a different burial ground to accommodate the burial, it is recommended that a new application form should be completed. Page 58 of 72
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15 Making corrections to an application form If a significant correction is required to the application form, such as if the details of the deceased/ applicant are materially incorrect, it is recommended that a new application form should be submitted. There will be occasions where minor corrections are necessary and some flexibility should be allowed to ensure a burial is not delayed unnecessarily. A minor correction can be made on a form and initialled by the funeral director but it must be signed by the applicant. Examples of a minor corrections are where date of birth and age don’t match (wrongly calculated) or where the name has a slight spelling error e.g. Mac and Mc. It is acceptable that details of minor corrections are emailed to or given to the burial authority in writing (in advance of the burial). Whatever method is used the correction, reason for it and authorisation from the applicant must be recorded to ensure there is an audit trail. Burial authority staff should not be asked to make corrections on the statutory application form. Instead they should be provided with a correction to the instruction in writing (email) either from the applicant or via the funeral director. The burial authority should then attach the correction instruction to the application form and file together. The applicant should sign against any alterations to the information. Sending information to a burial authority after the application form has been submitted Every effort should be made to complete the application form in full before sending it to the burial authority. In circumstances where information has to be forwarded on after the application has been submitted, the funeral director must alert the burial authority that the information will follow. Examples of this would be where the weight of the coffin and deceased needs to be confirmed. Funeral directors and burial authorities should satisfy themselves that they have kept a clear audit trail which shows that any instructions and changes to instructions originated with and have been authorised by the applicant and signed by them. Does the weight of coffin/ external measurements question have to be answered? Funeral directors, cremation authorities and burial authorities have a statutory duty under section 2 of the Health and Safety at Work etc. Act 1974 to protect the health, safety and welfare of their employees and others who may be affected by their business. Other relevant legislation includes but is not restricted to: • Management of Health and Safety Regulations 1992 • Manual Handling Operations Regulations 1992 • Occupiers’ Liability (Scotland) Act 1960 • Provision and use of work equipment regulations 1998 Page 59 of 72
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16 Knowing the combined weight of a coffin and deceased ensures that any necessary adjustments, including number of staff needed, can be made in advance of the burial, reducing the possibility for distress for families on the day of a burial service. Providing information about weight is a new addition to the forms used for burial under these Regulations but a similar requirement for cremation has been in place since 2019. It is recommended that funeral directors operating in Scotland should take steps as soon as possible, if they have not already done so, to enable them to obtain access to suitable weighing equipment to complete the question on weight as accurately as possible. Coffin manufacturers can provide the weight of the coffin and it may be possible to source the weight of the deceased from the care home, family or mortuary. Every effort should be made to provide the weight but if a funeral director has no way of knowing the combined weight they should give an estimated figure on the form. Providing the shape and external measurements of the coffin, ashes urn or casket assists the burial authority with lair preparation. Electronic vs original paper version As long as the electronic version/scanned copy of the application form is a completed form and the signatures are in the correct format the original form (if completed or signed by hand) should not be sent to the burial authority. Electronic transfer of documents became much more commonly used in 2020 during the pandemic and all are reminded that this is an acceptable way of working. It is hoped that burial authorities will continue to accept papers electronically and not revert to requiring paper versions. The Certificate of Registration of Death (Form 14) A Certificate of Registration of Death (Form 14) (or equivalent, if the person died outwith Scotland) should be submitted alongside the burial application form. A burial cannot take place without it where the death occurred in Scotland. Where the death occurred in England, Wales or Northern Ireland there may be cases where the death has not been registered but the body has been released for burial or cremation by the coroner. In such cases the coroner’s certificate authorising burial (and removal of the body to Scotland) must be submitted. A Form 14 is normally issued in paper format by a registrar when the death is registered. Where the Medical Certificate of Cause of Death (Form 11) is selected for review by the Death Certification Review Service (DCRS), if requested by the informant, registrars may be willing to email a scanned version of the Form 14 to the funeral director to help avoid any delays to the burial. The signed, paper form can then be given by the registrar to the informant to give to the funeral director, or posted direct to the funeral director. In this situation, it is imperative that the funeral director who has been sent the Form 14, confirms to the registrar that they have received it. Page 60 of 72
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17 National Records of Scotland (NRS), the Association of Registrars of Scotland (ARoS), the Scottish Government and the Inspector of Burial, Cremation and Funeral Directors have agreed that it is acceptable for the Form 14 to be sent to both burial and cremation authorities electronically. This can be done via email from the funeral director or the applicant (if the services of a funeral director are not being used). The informant will contact the registrar’s office to register the death and the registrar will issue the Form 14 (paper original) to the informant. The informant then gives the Form 14 along with the burial application form to the funeral director who is arranging the burial to send to the burial authority. The funeral director can scan the paper Form 14 and email the scanned version with the burial application form and any other accompanying documents to the burial authority. It is important that the burial authority send an acknowledgement of receipt of Form 14 to the funeral director, providing the funeral director and the burial authority with an audit trail. Once the acknowledgement is received from the burial authority there is no need for the funeral director to keep the original paper Form 14 and the funeral director should then destroy it. The scanned version becomes the “version of record” and is kept by the burial authority along with the application form and they are retained for 50 years in accordance with the requirements of Regulation 3 of the 2019 Regulations. The burial authority can make further enquiries about the information contained in the form before agreeing to accept the application. Hazards The burial application forms include a section asking about hazards and notifiable, infectious diseases. Funeral directors and burial authorities should be aware that in Scotland medical information continues to be confidential after death and there is a legal restriction on releasing details.2 While it is understandable that those who are involved in handling the body will wish to know if there is a risk of infection, there is no entitlement to know details of the actual infection, only that a risk of infection may be present. Section 91 of the Public Health (Scotland) Act 2008 provides that, where a person has died of an infectious disease, the health board must tell the person disposing of the body “the nature of the risk” and “any precautions the board considers should be taken” as well as any other matter which the board considers appropriate. This does not mean that the person disposing of the body is entitled to know specifically what the risk is, such as HIV or Covid-19 for example. In some cases, the public health hazard may not even be known until sometime after the funeral. In cases where the health board considers that there is a significant risk to public health and it is necessary, to avoid or minimise the risk, for the body to be retained in hospital until the board is satisfied there are arrangements for the body’s disposal, the board may issue a written direction as to when and by whom the body may be removed for the purpose of immediate disposal. Where a direction is given, the board must explain to the person responsible for removal and disposal of the body that there is a significant 2 Access to Health Records Act 1990 Page 61 of 72
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18 risk to public health, the nature of that risk, any precautions which the board considers should be taken and any other matter which the board considers appropriate. Any person who, without reasonable excuse, breaches the direction given by the board commits an offence. Those working in the funeral industry should assess the risk in each case, taking account of any information provided by the family or carers, etc. If the hazards box is ticked on the Medical Certificate of Cause of Death (MCCD), the Form 14 and/or the burial application form, funeral directors should be taking protective measures (such as wearing PPE). Advice about ticking the hazard box DH1 in the MCCD/Form 11, for notifiable diseases was published in the CMO/COPFS/NRS/Police Scotland letter. 3.4 Regulation 4: Burial Register The 2016 Act requires each burial authority to hold burial registers for each burial ground for which it is the burial authority. The Applications and Register Regulations set out the information that must be contained in the registers. Schedule 8, part 1 lists the information to be recorded where the burial is of an adult or child. Part 2 prescribes the information to be recorded relating to the burial of body parts and part 3 where burial is relating to a stillbirth or pregnancy loss. The Act requires that the burial registers must be kept indefinitely. The Act also requires that the burial authority must make the registers available to the public and may charge for providing extracts from it. The exception being in the case of burial of a stillborn baby or a pregnancy loss, where the information held on this register will be anonymised and will, therefore, not be identifiable. The information for each burial must be entered on the appropriate register as soon as practicable after the burial (regulation 4(2)) and the burial authority must ensure that the information in the registers is accurate and up to date (regulation 4(3)(b)). Register of burial of stillbirth and pregnancy loss Burial authorities may wish to consider keeping the register of burial of stillbirth and pregnancy loss separate to the register of burial of adults and children, as happens for cremation registers. Doing so helps ensure that privacy and anonymity is easier for burial authorities to manage while giving reassurance to families that their information will be held securely. The information to be entered onto the register for stillbirth and pregnancy loss by the burial authority varies depending on who the applicant is. If the applicant is a health provider/ hospital, the unique identification number given by the health provider/ hospital and the address of the health provider/ hospital, should be recorded. Page 62 of 72
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19 If the applicant is an individual, such as a woman who experienced a pregnancy loss, a unique identification number will not have been allocated by the health provider/ hospital, so the applicant will not be able to provide this on the application form. The register will not record the applicant’s name or address. This preserves their anonymity on a public register. The name of the baby is optional, if a name has been given. Page 63 of 72
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© Crown copyright 2025 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.scot Any enquiries regarding this publication should be sent to us at The Scottish Government St Andrew’s House Edinburgh EH1 3DG ISBN: 978-1-83691-331-3 (web only) Published by The Scottish Government, February 2025 Produced for The Scottish Government by APS Group Scotland, 21 Tennant Street, Edinburgh EH6 5NA PPDAS1561194 (02/25) w w w . g o v . s c o t Page 64 of 72
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LAIR TRANSFER FEE COMPARISON 2026/2027 BURIAL AUTHORITY FEE PERTH AND KINROSS £59.00 ANGUS £74.75 DUNDEE £95.75 STIRLING £62.00 CLACKMANNANSHIRE £98.30 FIFE £59.00 Appendix 3 3 Page 65 of 72
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Appendix 4 Option Advantages Disadvantages Potential Cost 1)Do nothing. Continue with current process with no additional costs Poor behaviour of individuals and potential threats to staff disrupting programme and risking public and staff safety. Reputational risk. Low staff morale and potential high turnover. Potential for continued complaints and concerns. Liability claims if the programme is delayed and there is an accident. Higher costs if no in- house squad and contractors need to be used. Staff time responding to and addressing complaints and concerns. 2)Modify process to use Stake & Banding Cordons. Possibly allows lair holders a longer period to arrange their own repairs. Risk to public safety remains. Could introduce inconsistency in treatment across memorials – creating confusion. No guarantee of public acceptance. Requires ongoing monitoring and re- inspection which add to costs and delay the programme. As option 1. Extra costs of programme delays and re-testing. Increased staff costs to cover increased monitoring and inspections without delivering a proportionate improvement in outcomes. 3)Enhance current communications and information via a new Clerical Assistant Strengthens early engagement with families through clearer, more proactive communication. It would support the management of misinformation, improve signposting, and enable more effective follow-up with lair owners in relation to unsafe memorials. It would allow the Memorial Safety Officer to focus on operational delivery, improving efficiency and programme pace. Requires additional investment in a permanent clerical resource and associated communication materials. This is a rolling programme and will continue indefinitely. TAS4 Post. - £40,000 Enhanced signage, publicity materials, IT requirements one off cost of £15,000. 3 Page 67 of 72
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4)Remove or reduce lair transfer fee Could support increased transfer of lairs into current ownership and address negative perceptions of the fee, enabling more timely communication with responsible parties. Reduction in annual income. Would require additional administrative capacity to deliver effectively. Current income target £15,000. Would require Option 3 to implement due to extra administration. Page 68 of 72
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Our vision is a Perth and Kinross where everyone can live life well, free from poverty and inequality ___________________________________________________________________ Committee or Board: Finance and Resources Committee Date of Meeting: 26 August 2026 Report Title: Residual Waste Update Report Number: 26/225 Report Author: Pete Leonard, Climate Change and Zero Waste Manager Organisational Lead: Fraser Crofts, Strategic Lead - Environment and Infrastructure ___________________________________________________________________ 1. Purpose 1.1 The purpose of this Report is to update the Committee on the latest situation regarding the Council’s residual waste disposal arrangements and to signal potential next steps. 1.2 Sections 1. Purpose 2. Recommendation(s) 3. Background/Context 4. Main Issues 5 Proposals 6 Conclusion 7. Impact and Value Assessment 8. Appendices 2. Recommendation(s) It is recommended that the Committee: 2.1 Notes the update, and; 2.2 Notes that further updates will be made via the Member Briefing process as and when required. 4 Page 69 of 72
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3. Background/Context 3.1 During the latter stages of 2025 it became clear that Paprec Energies Binn, the Council’s contractor for residual waste treatment and disposal, would not be able to meet the requirements of the Scottish Government’s ban on landfilling biodegradable municipal waste (the bio ban), which was due to come into force on 1 January 2026. In the main, this is because the contractor was unable to complete the build of an energy from waste plant that they were relying on and could not find reliably compliant alternative outlets for PKC waste. 3.2 The contract was terminated on a mutual basis, and a new short-term contract was awarded to Cireco (Scotland) LLP on an emergency basis. This contract came into effect on 1 February 2026 and is for a period of 18 months, with an option to extend by a further 12 months. 3.3 This matter was considered and approved at the Finance and Resources Committee on 4 February 2026. At the meeting, a commitment was given to provide an update on residual waste disposal arrangements to the F&R Committee before the summer recess. 4. Main Issues 4.1 The transition from one contract to another was carried out seamlessly from both a contractual and operational perspective. Despite the difficult circumstances, positive relationships have been maintained between the various parties. The new contractor is performing well and has facilitated several approaches to assist PKC to reduce costs but still within the parameters of the contract terms. 4.2 A notable benefit we are experiencing is one of business continuity and resilience as the new contractor has taken on all risks associated with processing plant downtime. This provides a high degree of certainty that PKC’s operational requirements and statutory responsibilities will be met. This is a significant consideration given the well documented issues with processing capacity at a national level. 4.3 With regard to the Binn Farm Energy from Waste (EfW) project, the termination of the Council’s contract with Paprec Energies Binn Limited (now known as Paprec Energies Glenfarg Limited) precipitated the formal dissolution of the Special Purpose Vehicle. Paprec Energies now owns 100% of the EfW project. Binn Group has advised that they have an option to take over the project should Paprec Energies withdraw. 4.4 Paprec Energies is currently reassessing the viability of the project, and they anticipate that this process will be completed by September. PKC officers continue to meet regularly with representatives of Paprec Energies and Binn Group to maintain an awareness of progress. Page 70 of 72
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4.5 Clearly, there is still a degree of uncertainty regarding the project. In terms of timelines, the best-case scenario would see a facility being commissioned and operational in 2031 or 2032. 4.6 PKC’s current residual contract will expire long before then, and so the process of procuring a longer-term residual waste contract will need to be initiated soon. However, it would be helpful to have a clearer understanding of the situation with the Binn Farm project before commencing a procurement process. We have sufficient time to wait until late 2026. 5 Proposals 5.1 It is proposed to hold a watching brief on the Binn Farm EfW project to see how feasibility and project planning progresses, before commencing the process for procuring a new residual waste contract later in 2026. 5.2 A further benefit of delaying the procurement is that some 535,000 tonnes of new waste treatment capacity in Scotland is due to be operational by the summer of 2027. Entering the market when this additional capacity is available may see greater competition for PKC business. 5.3 A further update can be provided to Members as the procurement strategy is developed. 6 Conclusion 6.1 The situation regarding the Binn Farm Energy from Waste project remains unclear. This paper sets out the process which officers intend to follow to navigate the uncertainty and ensure that compliant, longer-term residual waste treatment arrangements are procured. 7. Impact and Value Assessment N/A – No substantive decision requested of Committee. 8. Appendices None Page 71 of 72
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