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Appendix 3 - Management Rules for Burial Grounds

Argyll and Bute Council · 2 March 2023
Back to Environment, Development and Infrastructure Committee — 2 March 2023 and its agenda

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APPENDIX 3 - MANAGEMENT RULES FOR BURIAL GROUNDS 
Argyll & Bute Council     (Revised Jan 2023)
Rules for Management of Burial Grounds 
Introduction 
These management rules are designed to provide a framework whereby the Burial
Authority (Argyll & Bute Council), Undertaker and Memorial Mason can work together
in order to provide bereavement services. 
Rules exist to enable the parties to work harmoniously together in the secure
knowledge that the various professions will fulfil their respective duties at a given
time. 
However, Argyll & Bute Council will not use these rules to prevent a reasonable
request from being carried out.  For example, Rule 8 requires the appropriate forms
to be provided by the Undertaker to the Council three working days before the date of
burial. 
In some cases, usually for cultural or religious reasons, the burial must be completed
within a 24 hour period and Argyll & Bute Council will make every effort to comply
with such a request.  However, such situations should be viewed as exceptional and
under all normal circumstances these Rules will be enforced by the Council. 
1. Authority 
Argyll & Bute Council (hereinafter referred to as ‘the Council’) hereby make
the following regulations for the management of Burial Grounds with Argyll &
Bute, by virtue of the: - 
Burial Grounds (Scotland) Act 1855
Local Government (Scotland) Act 1894
Local Government (Scotland) Act 1929
Local Government (Scotland) Act 1947
Local Government (Scotland) Act 1973
Local Government (Scotland) Act 1994
Burial and Cremation (Scotland) Act 2016 
The term Burial Ground includes graveyards, gardens of remembrance,
churchyards (with burial remains), mausoleums and cemeteries.

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2 Area Officer – Roads and Infrastructure Services - RIS 
The management of all Burial Grounds is the responsibility of the Director of
Development and Infrastructure Services.  The appropriate official within the
four geographic areas of the Council is representative of the Council and
responsible for all related procedures.  
The Senior Admin Officer for the districts within the East and West areas of
Argyll and Bute – RIS Management, are provided as alternative contacts. 
Helensburgh & Lomond     East 
Crematorium Registrar - RIS
Argyll & Bute Council 
Cardross Crematorium
Main Road 
Cardross
G84 5HD      Bute, Cowal & Lomond       
Snr. Admin. Officer - RIS
Tel: 01389 841313      Argyll and Bute Council 
Argyll House       
Dunoon
Bute & Cowal      Argyll PA23 8AJ  
Area Team Leader - RIS     
Argyll & Bute Council     Tel: 01369 708616
Argyll House      
Dunoon   
Argyll PA23 8AJ 
Tel: 01369 708629 
Mid Argyll. Kintyre & Islands     West
Area Team Leader - RIS 
Argyll & Bute Council 
Manse Brae
Lochgilphead 
Argyll PA31 8RT     MAKI & OLI         
Snr. Admin. Officer - RIS
Tel: 01546 604892     Argyll & Bute Council 
Jackson’s Quarry Depot       
Millpark Road
Oban, Lorn & the Isles     Oban   
Area Team Leader - RIS     Argyll PA34 4NH 
Argyll & Bute Council     
Jackson’s Quarry Depot     Tel. 01631 569167
Oban        
Argyll PA34 4NH

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Tel: 01631 567817 
3. Sale of Rights of Burial 
3.1 On receipt of the appropriate fee the Council will grant the exclusive right of
burial in each lair on the basis that the Lair Holder (the purchaser) agrees to
conform to the Council’s Rules and Regulations for Cemeteries. 
3.2 The Council will maintain a Register of the Sale of Rights for Burial, which will
record the name and address of the Lair Holder (joint ownership being
excluded) and shall issue to the purchaser a Certificate of Registration of
Sale, (the Lair Certificate). 
3.3 The data entered in the Register will provide proof of ownership for the
purchaser and their successors in perpetuity, unless the provisions of clause 7
apply, for the exclusive right of burial. 
3.4 Lairs can be pre-purchased, unless in particular circumstances, such as
section 3.5 below, there are reasons not to allow this. Argyll and Bute
Council will guarantee only one coffin funeral per lair. 
3.5 Remaining lair space in any operational cemetery will be considered
critical, when the current rate of unrestricted lair sales indicates less
than 10 Years until all lairs are sold. In such cases sale of lairs will be
restricted to “at point of requirement” for a first interment. There will be
no resumption of “pre-purchase” of lairs, until such time, as additional
lair space has been developed and made available. 
4. Transfer of Rights 
4.1 The lair holder may not sell or dispose of their exclusive right of burial
except to the Council, who may, in their option, re-purchase the lair at the
same price as the original purchase price less a 10% administration fee,
provided that no burial shall have been made in the lair or monument erected. 
4.2 The Lair Holder may, with the consent of the Council, transfer (but not sell)
their exclusive right of burial to a relative, whereupon the record in the
register will be amended. 
5. Fees 
The fees and charges to be paid for the interment service will be in
accordance with the Council’s approved Scale of Charges. 
6. Lost or Defaced Certificate 
Lair Holders are responsible for the safe keeping of the Lair Certificate, which
is their proof of the exclusive right of burial for each lair.  A lost Lair Certificate
cannot be replaced.  A letter of comfort may be provided to the Lair Holder if
reasonable proof of ownership is given.  A defaced certificate may be replaced

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if surrendered to the appropriate officer.  If, at the time of burial, the Lair
Certificate cannot be produced the Indemnity Form on the Notice of Interment
Request must be completed and signed. 
7. Forfeiture     
In the event of the Lair not having been used for an interment, or any
monument erected, and the lair holder not having claimed the exclusive right
of burial for a period of 25 years from the date of purchase, then the
legislation will allow burial authorities to reclaim that lair, however, Argyll and
Bute Council will ensure all attempts are made to contact the lair holder or a
representative to establish whether they wish to retain or relinquish the right of
lair.  Lairs taken back will be resold as they have not been used for any
burial.  
8. Interments 
8.1 Any lair holder, or agent acting on their behalf, who wishes an interment to
take place must apply in writing to the appropriate officer not less than three
working days prior to the requested date of interment.  The Council officer will
issue a Lair Opening Order. No interment may proceed until this has been
issued. 
8.2 The lair holder or agent must present the Lair Certificate at the time of the
interment request, or provide an indemnity to the Council. 
8.3 Notification by telephone and other approved electronic means may be used
to book a funeral.  However, any verbal or electronic booking must be
confirmed in writing to the appropriate Area Council Officer by 10 a.m. on the
next working day.  The minimum amount of information required in order for a
booking to be accepted is: - 
a. Name of deceased 
b. Coffin size
c. Name of cemetery 
d. Date and time of burial 
e. Lair number (for second and subsequent burials, i.e. a ‘re-open’) 
The interment service is provided between the hours of: - 
10:00 to 14:30  Monday to Friday
10:00 to 12:00  Saturday 
The interment service will also be provided by special arrangement at other
times. 
8.4 Argyll and Bute Council will guarantee only one coffin interment per lair. At the
time of the first interment, lair holders will be advised of the total number of
coffin interments that can take place. This will be either 1, 2 or 3 in total.

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8.5 The opening and closure of the lair will only be carried out by employees of
the Council.  The depth of the lair at first opening will not be more than 1.83
metres (six feet). 
8.6 No coffin shall be interred nearer to the ground surface than 0.76 metres (two
feet six inches), measuring from the top of the coffin, unless an arrangement is
made for special coverings, for which an additional charge will be made. 
8.7 The Funeral Director / Undertaker shall be responsible for providing sufficient
bearers to convey the coffin reverently from the hearse to the graveside and
lower it into the grave. If persons acting on behalf of the Council are asked to
assist in these activities, neither they nor the Council shall be responsible for
any damage to hearse or coffin. If the Council is unable to provide assistance
at any time, this should not be taken as a failing on the part of the Council to
properly plan for a service.   
8.8 Where an existing memorial has to be removed in order to excavate the lair,
the Lair Holder will be required to arrange for this to be carried out by using an
approved Memorial Mason. (See also clause 10) 
9. Register of Burials 
9.1 The Council will keep the register of Burials, and shall record therein the name
and age of the deceased, distinguishing the lair number and section of the
cemetery in which the coffin or casket is interred, and the date of burial.  The
Register will be open to inspection by the public during normal business hours,
by appointment, and without any fee being payable for any such inspection.   
9.2 The Council’s representative will, by arrangement, carry out a search of the
register on behalf of the enquirer during normal office hours for which a charge
will be made. The Council reserves the right to levy an additional charge for
complex or lengthy searches. The details contained within the register may at
a future date be accessible by electronic means. 
10. Monuments (Headstones or similar) 
10.1  Monuments may be erected by the Lair Holder upon the completion of an
application form and the payment of the appropriate fee.  While the Council
has a model size and style of monument as detailed on the application form, it
is open to the Lair Holder to request changes to this.  No memorial may be
erected until the Council has issued the appropriate permit. 
10.2 All monuments must be erected in accordance with the Code of Practice of the
National Association of Memorial Masons (NAMM), as revised 1 September
2003, subsequently amended, or in accordance with such other equivalent
guidance as the Director of Operational Services deems relevant at a later
date.  Details of the fixing method is shown on the reverse of the application
form to erect a headstone, which must be completed, and permission
obtained, prior to the erection of a memorial.

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10.3 One floral container (glass or ceramic is prohibited) or plaque/tablet may be
laid at the head of the lair or immediately in front of the memorial headstone.
All tributes should be contained within the “memorial border” to the row of
headstones (if in place) or should not restrict the grassed area of lairs any
farther than 300mm from the face of the headstone. 
10.4 Beyond this, the laying of kerbs, artificial wreaths, pall stones, globes and the
like or the planting of trees, shrubs, bushes or similar planting is generally not
permitted and such items will be removed after lair holders have been advised
and given 3 months to remove them. The Council reserves the right to cut
back or remove any unsuitable material placed on or planted in the lair, where
this is considered to disrupt the efficient maintenance of the cemetery or which
may interfere with the stability of adjacent memorials, paths or walls. 
10.4 Monuments shall be kept in good repair at the expense of the Lair
Holder, failing which, the Council will lay flat any unstable monument in
the interests of public safety.  Where the Council lays flat any memorial
in the interests of public safety the Council will seek to notify the Lair
Holder but the Council will not be bound to re-erect the memorial.  The
Lair Holder is advised to avail themselves of appropriate insurance cover
in relation to their memorial. 
10.5 All surplus material remaining after the erection of a monument (duly
sanctioned) must be immediately removed, and any damage to adjoining
monuments or lairs made good at the site and under the directions of the
Council’s representative, all at the expense of the party executing the work. 
10.6 The Council reserve the right to remove or make safe railings and fencing
features, which were previously permitted.  In many cases there date back to
Victorian times and due to corrosion are beyond economical repair.  Where
such features pose a danger to the public the Council reserves the right to
remove them. 
11. Dressing 
All dressing of the turf will be carried out by Council employees and the Lair
Holder or their representative may not cut or otherwise interfere with the turf. 
12. Visitors and Dogs 
12.1 Visitors are welcome at all cemeteries providing they recognise the need to
behave in an appropriate manner. 
12.2 An adult must accompany children under the age of 12 years. 
12.3 Dogs, with the exception of Guide Dogs, are not permitted within any
cemetery. 
12.4 The Council shall have the power to expel from any cemetery any person
behaving in a disorderly or unseemly manner.

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13. Services 
13.1 The Council respect the right of individuals and families to arrange services in 
accordance with the requests of the deceased or their religious or personal
beliefs provided that no upset is caused to others in the vicinity. 
13.2 Where it is known in advance that a large attendance at a funeral is expected
prior arrangements should be made with the Council’s representative. (for
example a military funeral) 
13.3 Flowers and wreaths may be left at the graveside at the time of burial, which
after a reasonable period will be removed by Council employees and disposed
of. Only approved monuments may be erected on the lair and no other
permanent memorabilia will be permitted. After 3 months’ notice to lair
holders, any unauthorised items will be removed and stored for collection by
lair holders. 
13.4 Flowers and wreaths will normally be removed two weeks following the
interment. Wreaths placed upon lairs at Christmas will be removed no later
than 15 January. The Council will exercise discretion when removing floral
tributes. 
14. Data Protection Act 
14.1 The information recorded in respect of the deceased, i.e. name, age,
occupation, place of death, and burial location is deemed to be in the public
domain.     
14.2 Information recorded in relation to the Lair Holder is subject to the Data
Protection Act and will only be used by the Burial Authority or their Agent in
relation to the operation of the Burial Service. 
15. Alterations to Regulations 
The Council reserve the right to alter or cancel all or any of these Regulations
and to enact and enforce new or additional Regulations from time to time as
appropriate. 
As approved by Argyll & Bute Council (Date) 
Appendices 
Appendix – A  Headstone Fixing detail 
Appendix – B  Memorial Border detail

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APPENDIX – A HEADSTONE FIXING DETAIL

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APPENDIX – B MEMORIAL BORDER DETAIL