106Powers of a cemetery trust—memorials and places of interment

106 Powers of a cemetery trust—memorials and places of interment

(1) If a cemetery trust believes that a memorial or place of interment is not in a safe and proper condition, the cemetery trust, by notice in writing, may require the holder of the right of interment in respect of that memorial or place of interment—

(a) to make the condition of the memorial or place of interment safe and proper; or

(b) to carry out the repairs specified in the notice.

(2) Before giving a notice under subsection (1) in respect of a place of interment, a cemetery trust may require the holder of the right of interment to open the place of interment for examination.

(3) If the holder of the right of interment fails to open the place of interment when required under subsection (2), the cemetery trust may open and examine the place of interment.

(4) If the holder of the right of interment fails to comply with the notice under subsection (1) within 14 days of its receipt, the cemetery trust may—

(a) repair the memorial or place of interment to which the notice relates; or

(b) with the consent of the Secretary, take down, remove and dispose of any memorial or place of interment.