Meeting of the Parliament 22 March 2016
This group of amendments makes a number of changes to references to burial authorities. Most of the changes are consequential on amendment 2, which alters the definition of a burial authority.
The effect of amendment 2 is that a “burial authority” is defined as the person who has
“responsibility for the management of the burial ground”,
rather than the person who owns the burial ground. This reflects that some burial grounds, particularly private burial grounds, are operated by someone other than the owner of the land. It is important that particular duties are placed on the operator, and most of the amendments in the group give effect to that.
Amendment 3 provides a specific definition of “burial ground” for the purposes of section 2, which places duties on local authorities to provide burial grounds. The effect is to make it clear that a local authority is required to provide an open burial ground.
A number of amendments are required where the bill places specific duties on local authority burial authorities. Amendments 4 to 10 make drafting changes in connection with the change made by amendment 2. Those ensure that the powers conferred on local authorities by sections 3 and 4 are not affected by the change in the definition of “burial authority” made by amendment 2.
Similarly, various drafting changes are required to references to the provision of a burial ground since it is not always the case that a burial authority is the person who provides a burial ground but is instead the person who has responsibility for the management of the burial ground. Amendments 11 to 17, 20 and 21 give effect to that.
Amendment 71 changes the definition of a “burial ground” that is given in section 75—the bill’s interpretation section.
Amendments 3 and 10 adjust the meaning of a “burial ground” in sections 2 and 4, so that those sections now contain a bespoke definition that is more limited than the definition elsewhere in the bill. Consequently, the general definition of “burial ground” requires to be adjusted so that it does not apply to sections 2 and 4. Amendment 71 makes that adjustment.
I move amendment 2.