AGENDA ITEM 11
CEMETERY COMMITTEE
25 September 2015
SUBJECT: GRANTS OF EXCLUSIVE RIGHTS OF BURIAL – POSSIBLE RELINQUISHMENT
REPORT BY: PARISH CLERK
21 September 2015
PURPOSE OF REPORT:
For the Committee to consider a request to relinquish Grants of Exclusive Rights of Burial relating
to three plots and to consider making refunds of all or part of the fees paid
FINANCIAL IMPLICATIONS:
There are potential financial implications of up to £450 subject to the resolution of the meeting
PROPOSED ACTION
Members are invited to consider the report and RESOLVE accordingly
BACKGROUND TO REPORT
1.
A verbal request has been made by a Funeral Director acting on behalf of clients that the
Rights of Exclusive Burial granted to his clients for three plots be relinquished by his clients
and the fees paid therefore reimbursed in full by the Council.
2.
The plots to which the request refers are all in row C1 and are numbered C1/11, C1/12 and
C1/13.
3.
The allocation of the Rights to these plots pre-dates the current Clerk’s appointment. The
Clerk has the Rights recorded in the Cemetery Register, corresponding with the names of
the Rights holders disclosed by the Funeral Director, but the copies of the relevant Grant
Certificates were removed from the Grants Certificates book prior to the current Clerk’s
appointment, albeit that it is understood that the Funeral Director’s clients have possession
of their copies of the Grant Certificates. The manual accounts record for the Cemetery
maintained at that time indicates that a fee of £150 was paid in respect of each of the plots
to which Rights were granted.
4.
The meeting is advised that the earliest available record held in the Grants Certificates book
(dated December 2007) also indicates a fee of £150 per plot.
5.
The meeting is therefore invited to consider the following:
6.1
Whether or not to permit relinquishment of the plots to which the Rights have been
granted;
6.2
If the Committee resolves to permit relinquishment, whether the fees paid should
be reimbursed in full or in part, and if the latter, the amount to be reimbursed.
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6.3
The meeting is advised to consider that the relevant Certificates of Grant of
Exclusive Rights of Burial (if held) should be returned to the Council BEFORE any
reimbursement may be made.
6.4
The meeting is reminded that the Grant of Exclusive Right of Burial is a legal Right
upon payment of the appropriate fee in accordance with section 214 of the Local
Government Act 1972. The Council has granted such rights for a period of 100 years
from the date of the Grant being issued. The owner of a registered right may assign
it to someone else by deed or will, but the assignee cannot exercise it until he has
in writing notified the burial authority in accordance with the Local Authorities’
Cemeteries Order 1977.
That provision does not apply in this case as the persons holding the Rights wish to
relinquish the Rights rather than to assign. However, in order to ensure that the
relinquishment is conducted without possible future dispute, the Committee may
also wish to consider that a formal letter of relinquishment be supplied to the
Council by the person holding the Exclusive Right of Burial for each of the plots (in
addition to the return of the Certificate, if held) and may also wish to consider
whether such formal request should also be attested by a solicitor.
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