86Closure of monument

86 Closure of monument

(1)  If a person holds an exclusive right under section 85 in respect of a monument and the person in charge of the monument is no longer allowing cremated remains to be placed in the monument, the person in charge of the monument must, with the agreement of the holder of that right –

(a) grant the holder of the right –

(i) an exclusive right under section 85 in respect of another monument managed by the person; or

(ii) an exclusive right under section 85 in respect of another monument if so agreed with the person in charge of the other monument; and

(b) move to the monument so agreed any cremated remains, monument or other thing in or on the monument in respect of which the original exclusive right was held.

(2)  If the holder of an exclusive right does not consent, as required under subsection (1) , to a new grant of an exclusive right, the matter is to be referred to arbitration under the Commercial Arbitration Act 2011 as if there were a request for the dispute to be referred to arbitration under that Act.

(3)  The person in charge of the monument must pay the costs of an arbitration under subsection (2) .