report of the clerk of bandon hill cemetery joint ... of the clerk of bandon hill cemetery joint...

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London Borough of Croydon

Cabinet – 21 March 2011 Full Council – 11 April 2011

Report of the Clerk of Bandon Hill Cemetery Joint Committee

ADOPTION OF NEW REGULATIONS FOR BANDON HILL CEMETERY

Ward Location: Not Applicable Author(s) and Contact Phone Number(s):

Charles Ward, Clerk of the Cemetery Joint Committee, 020 8770 5193 and Barbara Bone, Solicitor, 020 8770 5054

Area Served: Borough wide Lead Cabinet Member: Cllr Dudley Mead Executive Summary The current Regulations relating to Bandon Hill Cemetery have been in place since 1972. These Regulations are in need of modernisation particularly taking into account legislative changes in the area. The attached draft Regulations were approved by Bandon Hill Cemetery Joint Committee on 26 November 2007.

Recommendations

(i) That the Cabinet considers this report and recommends Full Council to adopt the updated regulations.

1. Background

1.1 The current Regulations (Appendix B) were adopted in 1972. They are out of date and do not take into account changes in legislation and in cemetery management practice.

1.2 In consultation with the Cemetery Superintendent, the Regulations have been redrafted and updated to comply with the Local Authorities Cemeteries Order 1977 (LACO 1977). LACO 1977, which remains the current statutory instrument governing the regulation of Local Authority Cemeteries, contains provisions regarding the proper management, regulation and control of cemeteries.

1.3 The updated draft regulations (Appendix A) cover a range of issues from the opening times of the cemetery to the procedures regarding burial and grave purchase and the responsibility for maintenance of grave plots.

1.4 The updated draft Regulations which are also in line with the Charter for the Bereaved, which has been adopted by both Sutton and Croydon Council.

1.5 Originally the Bandon Hill Cemetery Joint Committee had delegated power to make its own regulations under the Public Health (Interments) Act 1829. The existing Regulations were made under this delegation. However, the Local

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Government Act1972 (LGA) has since come into force. LGA 1972 (at section 101(5) (a)) states that any delegation of an executive function to a Joint Committee shall cease to have effect. The Joint Committee therefore does not have the authority to make the new Regulation.

1.6 The authority to make the Regulations now rests with the consistuent Local

Authorities (Sutton and Croydon). Schedule 26 paragraph 11 of LGA 1972 allows a Local Authority to make regulations and bye-laws in relation to cemeteries.

1.7 A report in similar terms has already been approved by Sutton Council

2. Financial Implications None for either Council. Any costs of publication of the new regulations will be met from the Joint Committee budget which is in surplus.

3. Equalities Impact Assessment The updated Regulations will ensure that a well-organised, sympathetic service is provided to residents of the Borough and members of the community at what may be a difficult time in their lives. The Regulations will help to promote an accessible and efficient service and ensure that all people making use of the service are treated with dignity and respect.

4. Background Papers None Appendix A – proposed Regulations Appendix B – Current Regulations

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BANDON HILL CEMETERY - REGULATIONS

GENERAL REGULATIONS ADOPTED BY THE LONDON BOROUGH OF SUTTON AND THE LONDON BOROUGH OF CROYDON ACTING JOINTLY AS BURIAL AUTHORITY FOR THE PURPOSES OF SECTION 214 OF THE LOCAL GOVERNMENT ACT 1972 AND THE LOCAL

AUTHORITIES CEMETERIES ORDER 1977 AT THE COUNCIL MEETING HELD ON TO COME INTO EFFECT ON THESE REGULATIONS SUPERSEDE EARLIER CEMETERIES REGULATIONS PART A. MANAGEMENT AND ADMINISTRATION

A1. INTERPRETATION In these regulations, unless the context otherwise requires:

(a) The Committee means the Bandon Hill Cemetery Joint Committee acting through any officer or

employee duly authorised to so act.

(b) CEMETERY means Bandon Hill Cemetery, Plough Lane, Wallington, Surrey, SM6 8JQ.

(c) CEMETERY SUPERINTENDENT means the person authorised by the Committee to undertake the registration, day to day management and control of the Cemetery and includes any authorised person temporarily in charge of the Cemetery.

(d) PURCHASED GRAVE means a grave in respect of which an exclusive right of burial has been

granted.

(e) PARISHIONER FEES means the fees charged for grave purchase and burial in respect of residents of the London Boroughs of Sutton or Croydon.

(f) REGISTERED GRAVE OWNER means the person whose name and address is shown in the

Cemetery records as the person to whom an exclusive right of burial has been granted.

(g) NON-PARISHIONER FEES means the fees charged for grave purchase and burial in respect of non-residents of the London Boroughs of Sutton and Croydon.

A2. COMMITTEE AUTHORITY No burial shall take place, no cremated remains shall be scattered, no

memorial shall be erected, inscribed, repaired, renovated or moved from the Cemetery without prior permission from the Committee.

A3. NO FUNERALS OR MEMORIAL WORK AT WEEKENDS OR HOLIDAYS No burials or memorial

work will be permitted in the Cemetery on any Saturday, Sunday or official public holiday. A4. CONDUCT All persons entering the Cemetery must conduct themselves in a quiet, orderly manner and

will be subject to these regulations and to any and all directions which may be given by the Cemetery Superintendent.

A5. VEHICLES Vehicles are permitted in the Cemetery at the discretion of the Cemetery Superintendent

and Registrar. Restrictions may apply at weekends and public holidays.

Appendix B

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A6. DOGS No dogs, other than guide dogs for the blind, or guard dogs under the control of the Cemetery Superintendent will be allowed in the Cemetery.

A7. CHILDREN Children visiting the Cemetery must be accompanied by a responsible adult. A8. MUSIC The playing of any musical instrument or the operation of any audio equipment other than such

music as has been permitted by the Cemetery Superintendent in the Chapel is not permitted without the consent of the Cemetery Superintendent.

A9. PHOTOGRAPHY The taking of photographs or the filming of any object in the Cemetery will not be

permitted without the consent of the Cemetery Superintendent. A10. TRADING No person shall sell or offer or expose for sale any article or commodity of any kind

whatsoever, or solicit orders for the same, within the Cemetery without the consent or permission of the Committee.

A11. GRATUITIES No officer, employee or servant of the Committee will be permitted to accept any gratuity

or to undertake private work of any kind in connection with the Cemetery either in his own time or during the Committee’s business hours.

A12. OFFENCES IN CEMETERIES (pursuant to the Local Authorities Cemeteries Order 1977, Article 18(1))

(a) No person shall:- (i) Wilfully create any disturbance in the Cemetery; (ii) Commit any nuisance in the Cemetery; (iii) Wilfully interfere with any burial taking place in the Cemetery;

(iv) Wilfully interfere with any grave or vault, or tombstone or other memorial, or any flowers or plants;

(v) Play at any game or sport in the Cemetery.

(b) No unauthorised person shall be permitted to enter or remain in the Cemetery when it is closed to the public

A13. CEMETERY OFFICE AND CEMETERY RECORDS AND PLANS The Cemetery Superintendent’s

office (“the Cemetery Office”) is located at Bandon Hill Cemetery, Plough Lane, Wallington, Surrey, SM6 8JQ and is open to the public as follows:

Mondays to Fridays 9.30 am to 12.30 pm - 1.45 pm – 4.30 pm (excluding official public holidays) A14. CEMETERY OPENING HOURS The Cemetery will be open to visitors as follows:-

Weekdays (Monday – Friday excluding official public holidays)

November, December, January and February 8 am – 4.30 pm (4 pm for 2 weeks during Xmas & New Year)

March 8 am - 5 pm April 8 am - 6.30 pm May and September 8 am - 7 pm

June, July and August 8 am - 7.30 pm October 8 am- 6 pm

Saturdays, Sundays and official public holidays

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9 am to the relevant closing time for the month.

Rookwood Avenue pedestrian entrance, weekdays only, excluding public holidays

Open 9.30 am – 4.30 pm or sunset (whichever is the earlier) A15. ADMISSION TO CEMETERIES The Committee reserves the right to close the Cemetery or any part of

the Cemetery, or to limit the hours of opening of the Cemetery at any time.

A16. COMPLAINTS Any complaint in relation to the Cemetery should be passed immediately to the Cemetery Superintendent at the Cemetery Office, or may otherwise be directed to the Parks Service, London Borough of Sutton, 24 Denmark Road, Carshalton, Surrey, SM5 2JG, telephone: 020 8770 5000.

A17. FEES AND CHARGES All relevant fees and charges relating to use of the Cemetery must be paid at

the Cemetery Office. The fees and charges for any burial must be paid at the time of giving notice of burial (see Regulation B2) and all other fees before the work is commenced.

A18. ALTERATIONS TO REGULATIONS AND FEES All fees and charges are determined by the

Committee and reviewed annually. The Committee reserves the right from time to time to make any alterations to the fees and charges. Copies of all fees and charges and of these regulations may be obtained at the Cemetery Office.

A19. REVIEW AND AMENDMENT OF REGULATIONS The Committee reserve the right to alter or vary the

foregoing Regulations or to deviate therefrom in any particular instance if it shall appear to the Committee desirable so to do.

PART B. BURIAL AND GRAVE PURCHASE B1. HOURS OF BURIAL Burials will only take place on Mondays to Fridays (excluding official public

holidays), between the hours of 9.30 am and 3.00 pm, subject to prior arrangement with the Cemetery Superintendent. The Committee reserves the right to vary the hours of burial to meet the demands of providing the service.

B2. NOTICE OF INTERMENT Notice of interment must be in writing on a form provided by the Cemetery

Superintendent. The form and relevant fees must be delivered to the Cemetery office at least two working days before the day of the interment. The Committee reserves the right to determine the day and time of any interment dependant upon the times of other burials previously booked or under any exceptional circumstances.

B3. TELEPHONE MESSAGES The Committee will accept orders or instructions by telephone, fax or email

only at the sender’s risk. All telephoned orders or instructions must be confirmed immediately in writing. B4. INNACURATE INFORMATION/LATE RECEIPT OF NOTICE OF BURIAL The Committee accepts no

responsibility for any error or the consequences thereof which may arise by reasons of any inaccuracy in or late receipt of a notice of burial.

B5. PUBLIC HEALTH In cases of emergency, certified by acceptable medical authority, Regulations A3,

B1, B2, and B3 may be waived in the interest of public health. B6. CERTIFICATE OF DISPOSAL

(a) Prior to burial, either before or at the time of arrival of the funeral cortege at the Cemetery, one of the following documents must be delivered to the Cemetery Superintendent or his representative:

(i) Certificate of Disposal from the Registrar of Births and Deaths; or

(ii) Coroner’s Order; or

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(iii) In the case of cremated remains, the Crematorium Authority’s Certificate; or

(iv) For the burial of a foetus, a certificate from a doctor or other responsible person attendant at the birth, confirming that the birth took place prior to the end of the twenty-fourth week of pregnancy; or

(v) Documentary evidence that the death is not liable to registration. (vi) Declaration under the Births and Deaths Registration Act 1926 s.1 (1)

(b) No burial may take place in the Cemetery until the relevant Certificate or documentation detailed in

subsection (a) has been delivered, as required. B7. COFFINS No body will be accepted for burial unless it is enclosed in a coffin, container or covering

acceptable to the Cemetery Superintendent. Details of any special type of coffin, casket or container proposed must be referred to and approved by the Cemetery Superintendent at the time when notice of burial is given. The opening of a coffin is not permitted within the confines of the Cemetery. Cremated remains may be accepted for burial or scattering with or without a container, subject to the grave conditions permitting.

B8. CONTROL OF FUNERALS Persons conducting funerals shall come under the direction of the

Cemetery Superintendent immediately on entering the Cemetery grounds. They must provide sufficient bearers for carrying and lowering coffins into graves.

B9. DEPTH OF GRAVES The first and any subsequent burial in any grave shall be at a depth to be

prescribed by the Committee, subject to the provisions of the Local Authorities’ Cemeteries Order 1977. B10. BRICK GRAVES AND VAULTS PROHIBITED The construction of new brick graves or vaults is

prohibited. B11. PUBLIC OR COMMON GRAVES Burial in a public or common grave shall not include any right or

privilege other than a right of burial in a grave to be selected by the Committee. B12. EXCLUSIVE BURIAL RIGHTS AND SELECTION OF GRAVES The Committee may grant to any

person an exclusive right of burial in any grave, subject to the payment of prescribed fees. The grant of an exclusive right of burial in any grave shall be at the sole discretion of the Committee and the selection of grave sites shall be subject to the approval of the Cemetery Superintendent.

B13. EXERCISE OF EXCLUSIVE RIGHT OF BURIAL The registered owner of an exclusive right of burial

holds that right subject to the regulations from time to time in force, which shall include the following:-

(a) The right of burial shall be exercisable (subject to (b) below) only for the period stipulated in the grant, after which it will lapse and revert to the Committee.

(b) The registered grave owner (including successors in title) may at any time during the period of the

grant apply for a renewal of the grant for a further period to no more than a maximum of 100 years. The Committee will only consider applications for renewal of ten years or more.

B14. ASSIGNMENT OF EXCLUSIVE BURIAL RIGHTS A registered grave owner may apply to the

Committee to transfer their exclusive right of burial in a grave to another person. The transfer must be made through the Committee and all applicable fees are to be paid to the Cemetery Superintendent and Registrar. The Committee will not recognise any such transfer without valid legal proof of the assignment.

B15. REGISTERED GRAVE OWNERS

(a) Burial in a purchased grave or vault will only be permitted if the burial is that of the deceased registered grave owner; if the registered grave owner has provided written authorisation for the

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burial to take place; or if the burial is for the body of any person specified in the deed of grant, as specified in the Local Authorities’ Cemeteries Order 1977.

(b) In the case where the registered grave owner is previously deceased, his or her heirs or successors

or personal representatives may apply to the Committee through the Cemetery Office to have the grave ownership transferred and re-registered.

B16. EXHUMATION OF HUMAN REMAINS A body or the remains of a body cannot be removed from a

grave or vault after burial except with the consent of the relevant Secretary of State or under the Faculty of the Bishop of the Diocese, in the case of a removal from one consecrated place of burial to another.

PART D. MEMORIALS D1. ERECTION OF MEMORIAL A memorial may only be erected on a grave space within the Cemetery in

accordance with these regulations and upon payment of the appropriate fee. In the case of a purchased grave, the right to erect a memorial will be for the unexpired portion of the grant of an exclusive right of burial.

D2. APPLICATIONS AND PERMITS Application for permission to erect a memorial or to carry out any

work on an existing memorial must be made, through an approved monumental mason, to the Cemetery Superintendent at the Cemetery Office. The following conditions will apply:

(a) The application must be made on a form issued by the Committee and must be accompanied by

any applicable fee. (b) In the case of a purchased grave, the application must be signed by the registered grave owner.

(c) A permit will be sent to the monumental mason when the application is approved. Prior to any work

being commenced at the Cemetery, the permit must be produced to the Cemetery Superintendent. D3. INDEMNITY No monumental mason or other person or firm will be permitted to execute any work in the

Cemetery before a form of indemnity against all claims, costs or losses which the Committee may suffer arising out of such work has been deposited with the Cemetery Superintendent. Any damage done in connection with the erection of a memorial must be made good by the person erecting the memorial and the site left in a safe and tidy condition.

D4. FIXING OF MEMORIALS Memorials must be prepared for fixing before being delivered to the

Cemetery and the work of fixing and re-fixing of all memorials, when commenced, shall continue from day to day until completed, otherwise the permit authorising such work shall lapse. All equipment, tools and materials shall be conveyed into the Cemetery, under the direction of the Cemetery Superintendent, in such manner as will avoid annoyance to persons and/or injury to the grounds, roads and paths. All refuse, soil, rubbish and materials shall be removed in like manner.

D5. DOWELS, CRAMPS AND FIXING PINS Applications for permission to erect a memorial must include

details of the material and dimensions of all dowels, cramps and fixing pins to be used, with their intended positions clearly shown or indicated on the memorial drawing or sketch.

N.B. Only stainless steel fixings to current British Standard will be permitted for use.

D6. MEMORIAL RESTRICTIONS The following conditions will apply to all memorials:

(a) The whole of the memorial must be of best quarried material of which no part shall be less than 2 inches (5.08cm approx) in thickness.

(b) Every memorial must be fixed onto an approved solid concrete or natural stone foundation to be set

in a position directed by the Cemetery Superintendent.

(c) All parts of a memorial must be correctly fixed using cement and stainless steel fixings to current British Standard, where necessary, to ensure safety and stability in the given ground conditions.

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(d) Approved chippings and pavings must have a hard-core and concrete base.

(e) Plastic or wire fencing or any edging considered to be a hazard to the operation of grass cutting

machinery will not be permitted.

The Committee reserves the right to remove anything placed on or around a grave without authority. D7. GRAVE NUMBER AND SECTION The grave number and section, in lettering no more than three

quarters of an inch high and no less than half an inch (1.89 cm approx) high, must be clearly cut on all memorials.

D8. TRADE INSCRIPTIONS ON MEMORIALS No mason or sculptor shall place any trade inscription upon

any memorial D9. MEMORIALS ON PURCHASED GRAVES

(a) Non-Lawn Grave Memorials

Any memorial must be at least 2 inches (5.08 cm approx) in thickness but shall not exceed 3 feet (91.44cm approx ) in height, 3 feet (91.44cm approx ) in width, and 6 feet 6 inches (1.98 m approx) in length.

Foundations

Headstone Foundation – must be a reinforced concrete bearer, at least 2 inches (5.08 cm approx) thick but not exceeding 3 feet 6 inches (1.0668 m approx) x 2 feet 6 inches (76.2 cm approx).

Kerb Memorial Foundation – must be a solid reinforced concrete landing, at least 3 inches (7.62 cm approx) thick but not exceeding 6 feet 6 inches (1.98 m approx) x 3 feet (91.44cm approx )

(b) Lawn Grave Memorials

Any memorial must be at least 2 inches (5.08 cm approx) in thickness but shall not exceed 3 inches (7.62 cm approx) in its general construction. Headstones must be fixed to a concrete bearer or shoe below ground. It must not exceed 3 feet (91.44cm approx) in height, 2 feet (60.06 cm approx) in width. Showing bases shall only be permitted on headstones not exceeding 15 inches (38.1cm approx) in height.

D10. REMOVING OR COVERING MEMORIALS ON RE-OPENING OF GRAVES The Committee reserves

the right of passage over all graves and to have any grave or memorial temporarily covered or any memorial temporarily moved. For grave re-openings, memorials will be moved and positioned as required, and will be replaced as and when directed by the Cemetery Superintendent.

D11. REMOVING MEMORIALS WHICH BECOME DILAPIDATED, UNSIGHTLY OR UNSAFE The

Committee reserves the right to remove any memorial of whatever kind which it considers has become dilapidated, unsightly or unsafe, subject to the provisions of the Local Authorities’ Cemeteries Order 1977.

D12. REMOVING MEMORIAL KERBS AND SURROUNDS The owner of a purchased grave may enter

into an agreement with the Committee for the removal of any kerbstone or surround for the subsequent levelling and turfing flat of the grave.

D13. DAMAGE TO GRAVES, VAULTS, MEMORIALS, ETC. The Committee accepts no responsibility for

damage to any grave or vault or to any thing, including any kind of memorial, on the grave or vault. The responsibility for the safety and upkeep, including repairs to any gravestone or memorial remains solely with the owner(s) of the grave or their successor(s) in title

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D14. VANDALISM The Committee does not accept any liability in the event of the memorials being vandalised.

PART E. MAINTENANCE AND PLANTING OF GRAVES E1. MAINTENANCE OF LAWN GRAVE SECTIONS

(a) THE COMMITTEE shall maintain the whole of the turfed area without cost to the owners of the grave.

(b) As soon as convenient after burial the Committee shall turf over or sow grass seed over the whole

area of the grave with the exception of an area up to 2 feet long and 4 feet wide at the head of the grave space and, thereafter, no person other than the duly authorised servants or officers of the Committee, shall interfere with or alter the turfed or unturfed area of the grave;

(c) No grave shall be raised by turfing, or any other method, above the level of the ground immediately

adjoining. No other trees, shrubs, plants, artificial wreaths, glass or jars, vases or anything whatsoever will be permitted, with the exception of wreaths and floral tributes at funerals.

E2. REMOVAL OF FLOWERS, PLANTS AND WREATHS ETC. The Committee reserves the right to

prune, cut down or dig up and remove any flower, plant or shrub at any time, when, in the opinion of the Cemetery Superintendent, the same has become unsightly or overgrown, or when necessary for the purpose of allowing access to or over graves, and to recover any reasonable costs incurred in such work.

The Rules and Regulations previously in force in respect of the Bandon Hill Cemetery are hereby superseded.