CONTENTS
INTRODUCTION
INTERPRETATION
RULES AND REGULATIONS
3.1 Burial Grounds and Cemeteries
3.2 Fees and Charges
3.3 Conduct within Cemetery Grounds
3.4 Selection and Ownership of Graves
3.5 Production of Documents of Title for Burial
3.6 Transfer of Ownership
3.7 Times of Interments
3.8 Certification
3.9 Coffins
3.10 Grave Maintenance and Aftercare
3.11 General information relating to Graves and Cemeteries
3.12 Memorials
CEMETERY GENERAL REGULATIONS
GRIEVANCE PROCEDURE
RESERVED RIGHTS OF THIRSK TOWN COUNCIL
INTRODUCTION
These Regulations have been made by Thirsk Town Council in relation to the Cemetery.
All enquiries regarding the Cemetery should be directed to the following address:
The Clerk to the Council
Thirsk Town Council
Aims House
Royal Oak Yard
Market Place
THIRSK.
North Yorkshire
YO7 1Hq.
Tel: 01845 526445
E-mail:clerk@thirsk_tc.gov.uk
Web:www.thirsk_tc.gov.uk
- INTERPRETATION
"The Council" means Thirsk Town Council.
"The Cemetery" means the Cemetery provided by the Council.
"Grave" means a burial place formed in the ground by excavation and without an internal wall of brickwork or stonework or any other artificial lining.
"Brick Lined Grave" means a burial place formed in the ground by excavation with an internal wall of brickwork which is back filled with soil.
"Vault" means an underground burial place with an internal wall of brickwork and a concrete base which is divided into separate chambers each of which is sealed in an approved manner after each interment, and the vault sealed with top covers.
"Exclusive Right of Burial" means the exclusive right of burial in a specific grave and is issued to the owner in the "Deed of Grant".
- RULES AND REGULATIONS
3.1 BURIAL GROUNDS AND CEMETERIES
Records for the Cemetery are kept at the Town Council Office.
3.2 FEES & CHARGES
The fees and charges payable to the Council in respect of interments in the Cemetery, and in respect of grave spaces, monuments, headstones, memorial stones, inscriptions and other matters in connection with the Cemetery, shall be such as are approved annually by the Council. Copies of such fees and charges are available on request from Thirsk Town Council Office.
3.3 CONDUCT WITHIN THE CEMETERY GROUNDS
The Cemetery is maintained to the highest standards and is provided as a quiet areas that visitors can visit to reflect and remember their loved ones. Consequently, we request that any visitors act accordingly and respect the needs of others.
If, however, they do not then attention is drawn to The Local Authorities Cemeteries Order 1977 and any amendments thereto:
(a) This order provides that no person shall :-
(i) wilfully create any disturbance in a cemetery
(ii) commit any nuisance in a cemetery
(iii) wilfully interfere with any burial taking place
(iv) wilfully interfere with any grave or vault, any tombstone or other memorial, or any flowers or plants on any such matter
(v) play at any game or sport in a cemetery, or
(vi) enter or remain in a cemetery at any hour when it is closed to the public unless being a person so authorised by the burial authority.
(b) The Order provides that every person who contravenes any prohibition specified in (a) above together with any prohibition specified in Article 19 of the Order shall be liable on summary conviction to a fine not exceeding £100 and the case of a continuing offence to a fine not exceeding £10 for each day during which the offence continues after conviction thereof. (Note - The amounts of these fines are subject to future variation.)
3.4 SELECTION AND OWNERSHIP OF GRAVES
Every interment shall take place either in a private grave or in a public grave that will be selected by the Clerk to the Council or other suitable Officer.
Grave spaces will be allocated on the basis of the next available plot in the area currently in use for burial purposes.
A plan of the Cemetery showing the position of sections and graves is kept at the Town Council Office. This may be viewed without charge during office hours.
On the purchase of the Exclusive Right of Burial in a grave a Deed of Grant shall be issued to the person whom, or on whose behalf, the Exclusive Right of Burial is purchased and such person shall be registered in the records held by the Council as owner of the grave.
Deed of Grant:
Owning an Exclusive Right of Burial in a specific grave does not give ownership of the actual land, but does give the owner of the Deed the right to:
• be buried in that grave if space is available
• authorise further burials in that grave, where space is available, or the interment or scattering of cremated remains in or over that grave
• place a memorial on that grave, subject to a separate agreement and to the Council's Rules and Regulations governing memorials
• have inscriptions, or added inscriptions, on a memorial on that grave, subject to the Council's Regulations on this.
Possession of a Deed of Grant does not necessarily give the person ownership of the Exclusive Right of Burial. When the owner is deceased, subsequent ownership depends upon whether or not the deceased person left a valid Will. The law on this can be complex and we strongly advise you to consult a solicitor to establish new ownership. Ownership of a Deed may also be transferred or assigned. See section under 'Transfer of Ownership'.
The Deed of Exclusive Right of Burial, like any other Deed, is an important document and should be kept in a safe place.
The Exclusive Right of Burial does not include the right to erect a memorial on the grave, as pointed out above, which is a separate 30 year agreement with an option to renew for another period, subject to certain conditions.
All new graves are for a period of 99 years unless otherwise stated on the Deed of Exclusive Right of Burial.
3.5 PRODUCTION OF DOCUMENTS OF TITLE FOR BURIAL
No purchased grave, including walled graves or vaults, in which the Exclusive Right of Burial has been purchased, shall be opened without the production of the Deed of Grant and the written consent of the owner, or of his or her legal representative. In cases where the Deed of Grant has been lost or mislaid an indemnity will need to be completed.
Where the consent of the owner cannot be obtained, the grave will be opened on the application of any person whom the Council shall consider entitled thereto. In cases of an Executor of a Will being appointed then they may apply for the burial of the deceased in any grave space that the deceased is so entitled to be buried in.
In cases of the deceased not appointing a solicitor or where the deceased died intestate the applicant in this case must satisfy the Council of their entitlement to open the grave.
3.6 TRANSFER OF OWNERSHIP
Any transfer of the Exclusive Right of Burial in any grave shall not be deemed valid unless such transfer has been previously registered at the Bereavement Services Office.
Where the current grave owner is still alive and wishes to transfer ownership to another person, Thirsk Town Council must be advised in writing.
Transfer of Ownership of a grave may take place where the registered grave owner is deceased by submitting any of the following to the Bereavement Services Office:
(a) Letters of Administration
(b) Proof of a Named Executor who may then decide on ownership
3.7 TIMES OF INTERMENTS
It is not current practice to allow interments on any Bank Holiday or Saturday or Sunday.
During Summer months (April to September), the latest burial time will be 15.30 p.m. During the winter months (October to March), the latest burial time 14.45. Burials may be accepted at other times at the discretion of the Town Clerk, especially for burials of cremated remains.
All funerals entering the cemetery shall be under the control and discretion of the Town Clerk or the appointed representative.
3.8 CERTIFICATION
No burial will be permitted unless correct and adequate paperwork has been inspected by the appropriate officer. This also applies to official papers obtained from either the Registrar of Births and Deaths or the Coroner.
The Clerk to the Council must be informed of any bodies, which have died from an infectious disease. An up to date list of infectious diseases is available from the British Medical Association.
3.9 COFFINS
A body will not be accepted for interment at the cemetery unless it is enclosed within a suitable coffin. Cardboard and home made coffins will be accepted provided that they have first been inspected by the Clerk or other suitable officer. Any other request must be agreed and authorised by the Clerk to the Council.
Any coffin entering the cemetery must bear a nameplate or other suitable form of identification and MUST contain the name of the deceased.
It is the responsibility of the Funeral Director or other person conducting the funeral to ensure that enough people are available to assist in transporting the coffin to the graveside and to assist with its lowering.
No coffin will be permitted to be buried less than 3 feet below ground level.
Every coffin placed in a brick lined grave or vault must be covered and sealed with a concrete slab of not less than 50mm (2 inches) and entombed in such a manner as to make the vault airtight.
3.10 GRAVE MAINTENANCE AND AFTERCARE
All Deeds of Grant of graves are for a maximum of 2 interments (not including cremated remains).
After burial all graves will be tidied up and left in an acceptable condition by the Grave Digger. The levelling of graves will normally be done by natural settlement.
The Council will undertake the mowing of the lawn areas. No cost will be incurred by the owner of the right of burial.
3.11 GENERAL INFORMATION RELATING TO GRAVES & CEMETERY
a) No tree or shrub may be planted in any grave without the sanction of the Council.
b) Raised mounds or turfed banks will not be permitted on any grave.
c) The Council has the right to remove from any grave any items that may interfere with the grounds maintenance of that area after serving notice to the registered grave owner. Any items seen to be causing an immediate hazard or danger will be removed immediately without notice.
d) The Council has the right to remove and dispose of any floral tributes, flowers, plants,etc, that have withered or died or have become unsightly on any grave space.
e) All brick, stone, or other work, in or about vaults or graves shall be furnished and erected with the approval of the Council, at the cost of the owner/applicant.
f) No body shall be buried, or cremated human remains interred, in any grave without the consent in writing of the owner/applicant of the right of burial.
g) No human remains shall be scattered in or over any grave, or any place in the cemetery grounds unless the area is designated for such practice, and authorised
by the Clerk to the Council.
h) All burials and interments shall take place in accordance with the statutory requirements laid down in the Local Authorities Cemeteries' Order 1977, and any other subsequent legislation that comes into force.
i) The Register of Burials, shall at all reasonable times, be available for consultation by any person free of charge. The Burial Authority may charge such fees as they think proper for the making by them of searches in, and the provision of certified copies of entries, in a Register of Burials or a Record of Disinterments. Local Authorities Cemeteries' Order 1977 Article 11 (7).
j) No body shall be removed from any grave or vault from the Cemetery without licence of the Secretary of State or faculty from the Church of England Bishop of the Diocese in which the Cemetery lies. Sec. 25 Burial Act 1857.
k) No remains other than Human will be accepted under any circumstances,
l) Children under 14 years of age must be accompanied by a responsible adult.
m) All vehicles that have access into a cemetery must proceed at walking pace, and adhere to the notices displayed in the Grounds. No parking shall be made on any grass verge or grave, or any area designated as burial ground.
n) Cycling is not permitted in the Cemetery.
o) No person is allowed to distribute tracts, business cards or advertising matter within the Cemetery.
p) The Council forbid any gratuity being received by any of their employees.
3.12 MEMORIALS
Only memorials approved by the Council will be permitted in the Cemetery grounds.
Any type of memorials in any part of the grounds not approved by the Council will be removed without notice.
All private graves and vaults, with their monuments, memorials and grave stones, must be kept in good repair by the owners, in accordance with the Rules and Regulations Governing Memorials where applicable.
All grave memorials will be inspected on a regular basis by the Council to check their stability, the Council will make every attempt to contact the memorial owner beforehand if the memorial gives cause for concern. Where a headstone or memorial is found to be potentially dangerous for any reason, the Council has the right to make it safe immediately before contacting the owner in accordance with the Local Authorities Cemeteries' Order 1977, Article 3. The Rules and Regulations Governing Memorials gives full details on the approved methods of memorial maintenance.
A "Right to Erect" a new memorial or grave stone on a grave will be subject to a 30 year agreement, which will be renewable for a further determined period by the Council on expiry. The memorial will be inspected on a regular basis and any want of repair will be brought to the attention of the owner of the Right to Erect a Memorial. On receipt of a notice identifying disrepair the owner of the Right will be expected to arrange for the necessary works of repair to be done using a monumental mason registered with the Council. If the necessary works are not done within the timescale specified by the Council the Council is entitled to serve a further notice terminating the Owner's Right to Erect.
The Rules and Regulations Governing Memorials are fully explained in a separate edition of the rules and regulations.
A wooden cross is permitted to be placed on a new grave after the burial for a temporary period of nine months only, to allow time for a permanent stone memorial to be fixed. After nine months, the Council reserves the right to remove the wooden cross without prior notice or right of appeal.
4.CEMETERY GENERAL REGULATIONS
All visitors to the Cemetery and Gardens of Rest are reminded that the staff have a duty to keep the grounds tidy and to preserve its beauty and appearance. The staff are therefore instructed to remove any wind chimes, or any other type of unauthorised memorials which may have been placed independently in the grounds.
We believe that to keep the grounds in a clean and well ordered condition is the best mark of respect we can give and we ask that all visitors to the Cemetery help us to maintain this standard.
Any items removed will be stored by the Council for a period of 12 months where they may collected if desired.
No person shall intentionally obstruct any Officer of the Council in the proper execution of his/her duties.
No person shall intentionally obstruct any Officer carrying out an act, which is necessary to the proper execution of any contract with the Council.
No person shall intentionally obstruct any other person in the proper use of the grounds, or behave so as to give reasonable grounds for annoyance to other persons in the grounds.
Photography for personal use is permissible, however we do ask that anyone taking photographs respects the wishes and privacy of others. All photographs, video filming or radio interviewing within the cemeteries by persons involved in public service broadcasting, shall first be given consent from the Council. Persons involved in campaigning purposes are required to notify the Council of their intentions.
Any Officer of the Council or a Police Constable may remove any person offending against any of these rules and regulations from the grounds. Vehicles and their contents are left in the grounds at the owner's risk.
Vehicles must not exceed 10 mph in the Cemetery grounds and must park where indicated. The Clerk to the Council shall have power to exclude any vehicle which is considered unsuitable or which is being driven in a manner not in accordance with these rules.
GRIEVANCE PROCEDURE
It is the right of the bereaved to complain in the event of any dissatisfaction or failure relating to their rights not being offered by the Council.
RESERVED RIGHTS OF THIRSK TOWN COUNCIL
The Council reserves the right, after due consideration to alter these Rules and Regulations or any part of them from time to time as they may seem fit and to make supplementary rules and regulations. These Regulations repeal and cancel all previous Regulations made by the Council.
Signed by Order of the Council.
Councillor Derek E Adamson
Dated the 15th day of November 2004.
