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Cemetery regulations

2.0. Rules and Regulations For The Cemeteries

Arrangements for a burial service

2.1. Reservations for burial services may be made by telephone during office hours, in writing, or at Northern Cemetery by the computerised remote booking facility for a new grave, where the current grave owner is the applicant or where the current grave owner is the deceased. Reservations will be regarded as provisional until formal notice required by paragraphs 2.2 or 2.3 has been received.

N.B. the remote booking facility is not to be used unless the criteria is met.

2.2. Notice of burial is given when all forms and certificates required to fulfill statutory requirements, and those required by the Council, are received at the appropriate Cemetery Office no later than two full working days before the proposed date of the funeral.

N.B. Forms provided, or approved, by the Council must be used.

2.3. For the burial of a stillborn child a Certificate in accordance with the Births & Deaths Registration Act 1953 must be delivered to the appropriate cemetery office.

General

2.4. The Council will not accept responsibility for any delay or misunderstanding which may occur if instructions are given verbally or by telephone - Neither will the Council accept responsibility for any documents lost or delayed by the Post Office.

Documents sent by Fax or Telex will only be accepted as temporary notification(s) and must be confirmed by the submission of originals.

2.5. If the Registrar's Certificate for Disposal, or the Coroner's Order, is mislaid or lost, a declaration to the satisfaction of the Superintendent must be made by the person procuring the disposal of the body. The original certificate or duplicate copy issued by the Registrar of Births and Deaths, or the Coroner, must be produced as soon as possible after the signing of the declaration.

2.6. At Southern Cemetery the Superintendent will be responsible for providing an organist or playing recorded music when requested, where a pre-recorded tape or compact disc for a particular service is required at Southern Cemetery and Crematorium, it must be delivered to the Cemetery office on a working day not less than 24 hours before the funeral is to take place with the name of the deceased and the date and time of service clearly and legibly marked on the cassette or case. Similarly, at least 48 hours notice must be given to the organist if a piece of music not in the normal repertoire is requested, and the musical score delivered to the cemetery office. At Northern Cemetery if the services of an organist are required the Rota Organist must be contacted by the Funeral Director or person(s) arranging the funeral.

2.7. The responsibility for making the necessary arrangements for the attendance of priests, ministers, or other persons to officiate at a service rests upon the Funeral director or the person(s) arranging the burial.

2.8. The time fixed for a funeral must be that when the procession is to arrive at the Cemetery, and it is requested that the time be strictly adhered to in order to prevent inconvenience and one funeral interfering with another. In the event of a funeral arriving late the cortege must wait as and where directed by the Superintendent, and the service will take place as soon as possible thereafter at the direction of the Superintendent.

2.9. In the case of a public or military funeral, or one at which an exceptional number of persons may be expected, notice must be given at the time of booking.

2.10. The Funeral Director or person(s) arranging the funeral is responsible for the provision of sufficient bearers to convey the coffin reverently from the hearse to the catafalque and/or the graveside.

2.11. Only one funeral will be allowed in the Cemetery or Crematorium Chapel at any one time unless prior permission for alternative arrangements is obtained from the Superintendent.

2.12. The time allowed for a service in the Cemetery or Crematorium Chapel shall not exceed 20 minutes unless prior approval for a longer period has been obtained from the Superintendent.

2.13. If offensive odours or liquids issue from any coffin brought for burial the Superintendent may refuse the coffin being taken into the Cemetery Chapel. The use of a cemetery chapel for a service for a person having died from a notifiable disease will be at the discretion of the Superintendent.

2.14. No coffin shall be opened in any Cemetery Chapel for any purpose whatsoever.

2.15. All fees and charges shall be paid at the Cemetery Office. The fees and charges for any burial shall be paid at the time of giving notice of booking, and all other fees shall be paid before the work to which they relate is started. These requirements do not apply to those who pay by account.

2.16 The fees charged by the Council include everything connected with the specified items in respect of which an official receipt is given. No person employed by or on behalf of the Council is allowed to receive any gratuity.

2.17. No body shall be buried, or cremated remains interred or scattered over any grave or vault in which an Exclusive Right of Burial exists, unless the owner has given express approval in writing or the deceased is the current owner. In the event of the owner being pre-deceased an affidavit must accompany the Notice of Interment and a form of indemnity completed and submitted where a Deed of Grant cannot be provided.

2.18. The Council reserves the right to delay or cancel any interment where, in its opinion, ownership of the Exclusive Right of Burial is disputed.

2.19. The selection of any grave space shall be subject to the approval of the Superintendent and consistent with the general plan of the Cemetery.

2.20. The location/position of any non-private graves shall be determined by the Superintendent.

2.21. The Council reserves the right to retain any grave space(s) for its own purposes.

2.22. A plan of the cemetery showing the position and number of each grave space is kept in the appropriate Cemetery office. At Northern and Southern Cemeteries the plan is available for inspection during office hours; at Church, General and Basford Cemeteries plans may be inspected by appointment.

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3.0. Grant of Exclusive Right of Burial

Whilst ownership of an Exclusive Right of Burial for a grave does not give any ownership whatsoever in respect of actual land, it does give the owner of the Deed the right to:-

  • be buried in that grave
  • authorise further burial(s) in that grave (where space is available), or the interment or scattering of cremated remains in or over that grave
  • erect or place a memorial on that grave subject to the Rules and Regulations of the City Council relating to memorialisation
  • have inscriptions/additional inscriptions placed on a memorial on that grave subject to the Rules and Regulations of the City Council relating to this matter
    Possession of a Deed does not necessarily give the person in possession ownership of Exclusive Right of Burial. Where the owner is deceased, subsequent ownership depends upon whether or not the deceased person left a valid Will. The law concerning this matter can be very complex and it is strongly advised that a Solicitor be consulted to establish new ownership. Ownership of a Deed may also be transferred or assigned by use of a form (Declaration, Indemnity and Application in respect of the transfer or Assignment of an Exclusive Right of Burial) obtainable from a Cemetery Officer

NB. The Deed of Exclusive Right of Burial, like any other Deed, is an important document and should be kept in a safe place.

3.1. On the purchase of the Exclusive Right of Burial in a grave, a Deed of Grant shall be issued to the purchaser whose name shall be registered.

N.B. The parents of children or stillborn babies buried in the Babies Section at Northern or Southern Cemetery may not purchase the Exclusive Right of Burial.

3.2. The Exclusive Right of Burial shall extend for 30 years from the date of purchase. Rights may be extended for further periods of 30 years on payment of the fee then applicable.

3.3. The transfer or assignment of a Right of Burial in a grave must be notified to the Superintendent who will enter the transfer in the Register of Grants maintained upon the production of the Deed.

3.4. Where no interment has taken place in a purchased grave the Council may agree to repurchase the grave. In such cases the Council will pay the original purchase price.

3.5. Notice for the interment or strewing of cremated remains must be accompanied by the Certificate issued by the Crematorium where the cremation took place.

3.6. Persons arranging for a burial in a non-private grave acquire no rights other than that of making a single interment in a grave.

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4.0. Conduct in Cemeteries

4.1. All visitors must conduct themselves in a quiet and orderly manner, and no persons showing the effects of excess alcohol or drug abuse will be allowed within the Cemetery, Crematorium or grounds. The Superintendent has full power to exclude or remove any member of the public at his discretion.

4.2. Under the provisions of the Local Authorities Cemeteries Order 1977, it is an offence for a person to wilfully:- create any disturbance in a Cemetery;

  • Commit any nuisance in a Cemetery;
  • Interfere with any burial taking place in a Cemetery;
  • Interfere with any grave or vault, any tombstone or other memorial, or any flowers or plants in any such manner;
  • Play at any game or sport in a Cemetery;
  • Enter or remain in a Cemetery when it is closed to the public, unless authorised by the Council to do so.

Persons who contravene these provisions shall be liable, upon conviction, to a fine not exceeding £100.

4.3. Vehicles must not exceed 10 mph in Cemetery grounds and must park where indicated by the Superintendent who shall have power to exclude any vehicle which is considered unsuitable.

4.4. Smoking is strictly prohibited in Cemetery or Crematorium buildings. Visitors to Cemeteries are requested to refrain from smoking near to where a funeral or religious service is taking place in the grounds and to dispose of cigarette ends in a proper manner.

4.5. No dogs, except Registered Assistance dogs, may be taken into or allowed to enter the Cemetery or Crematorium grounds.

4.6. No person shall canvass or solicit orders within the cemetery unless the prior approval of the Council is obtained.

4.7. No demonstrations of any kind, nor religious services other than the service at the time of interment or cremation shall be held without the prior consent of the Superintendent. No musical instrument or other sound producing device will be allowed except as an integral part of a funeral service or an event approved by the Superintendent.

4.8. The permission of the Superintendent shall be obtained before photographing any objects in the Cemetery, Crematorium or grounds.

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5.0. Burials

5.1. Burials shall not normally take place before 9.00 am or after 3.30 pm from Monday to Thursday, or before 9.00 am or after 2.30 pm on Fridays - Burials are not permitted on Saturdays, Sundays or Bank Holidays except by the prior and express permission of the Superintendent.

5.2. The excavation for all graves and vaults shall be carried out by staff employed by or on behalf of the Council, and no grave or vault shall be excavated beyond such a depth as the Council may determine.

5.3. No body shall be buried in a grave in such a manner that any part of the coffin is less than three feet (915 mm) below the level of the ground adjoining the grave except at the Superintendent's discretion.

5.4. No body shall be buried in a grave unless the coffin is effectively separated from any coffin previously interred in the grave by means of a layer of earth not less than 6" (150 mm) in thickness except in the case of a multiple burial.

5.5. Graves will be sufficiently large to admit coffins/caskets to the dimensions specified by the Funeral Director or the person arranging the funeral on the application form. In the event of a grave having to be enlarged, an additional charge could be levied at the discretion of the Superintendent.

5.6. Work, other than excavation, including the construction or reopening of bricked graves or vaults, the erection or removal and re-fixing of memorials, may be carried out under the direction of the Superintendent by any competent person appointed by the owner of the purchased grave.

5.7. All coffined burials must take place in coffins of a material and design approved by the Superintendent. Metal caskets, caskets which contain glass, or cardboard coffins are permitted at the discretion of the Superintendent. In principle these types of coffins will be accepted for burial on the proviso that they are used in graves for only one interment or as a last interment in a reopened grave.

5.8. Coffins manufactured abroad may be accepted for interment at the discretion of the Superintendent.

5.9. Un-coffined burials may take place provided a body is properly shrouded, death has not been due to a notifiable or infectious disease, and it is for a single interment or a last interment in a multiple grave.

N.B. Shrouded bodies are only accepted for direct to grave burials.

5.10. Interment in a grave with the coffin lid removed discreetly at graveside and placed within the grave is permitted.

5.11. All coffins and shrouds must be marked with a none perishable plaque, nameplate, or by other means as shall be approved by the Council, showing the name, age and date of death of the deceased. In the case of a stillborn child no age will be recorded. Where two bodies are interred in one coffin then both names shall be marked.

5.12. No coffin or part of a coffin shall be removed from any Cemetery grounds without the prior and express permission of the Superintendent.

5.13. No body shall be removed from a Cemetery for any purpose whatsoever except on the order of a Coroner, Court of Summary Jurisdiction or a Chief Constable.

5.14. No body or cremated remains shall be exhumed without the consent of the Secretary of State for Home Affairs and/or the Faculty of the Bishop of the Diocese.

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6.0. Rules and Regulations Relating To Memorials

The Cemetery and Crematorium grounds, including the Gardens of Remembrance, are provided for the benefit of everyone and, because of this, private plaques, vases and other monuments or momentos are not permitted. If a personal memorial is desired, details of what is available can be obtained from a Cemetery Office.

6.1. Monuments, memorials, stones or tablets may only be placed or erected over vaults or graves in respect of which an Exclusive Right of Burial has been purchased, and shall not be placed or erected without the prior written consent of the owner of the Exclusive Right of Burial, or without the express approval of the Council.

6.2. In the Babies Section at either Northern or Southern Cemetery, a memorial must be no larger than 18" x 12" (460 mm x 300 mm) and if a vase is to be provided it must be attached to the memorial. In order to keep the areas neat, tidy and manageable, no other forms of memorial are allowed. In none private graves 12" x 12" (300 mm x 300 mm) tablets/plaques may be sunk in the ground to ½" (13 mm) below ground level. Any memorials, etc so placed in Cemetery grounds shall remain at the owner's risk and the Council shall not be held responsible for any loss, damage or breakage to the same. In this respect, it is strongly recommended that the owner adequately insure any memorial.

6.3. The permission of the Superintendent to place or erect any form of memorialisation in the Crematorium or any of the Cemetery grounds must be obtained.

Any monument, memorial, stone, shrub, plant or item whatsoever erected or placed in the Cemetery or Crematorium in contravention of these Regulations may be removed by the Superintendent at any time without notice.

6.4. Memorials must be of a material approved by the Superintendent.

6.5. Before the erection of any tablet, monument, memorial, or stone vase, a drawing with any proposed inscription must be sent in duplicate on the prescribed forms to the Superintendent for the approval of the Council. The type(s) of material to be used shall be stated, together with exact dimensions and all associated details. The application forms must be duly signed and dated by the registered owner of the Exclusive Right of Burial or, in the event of the death of the owner, an indemnity must be fully completed and submitted.

6.6. No memorial may be fixed until formal written approval is given by the Council and a Permit issued. On completion of the work a Declaration must be completed by the person who has fixed the memorial and submitted to the appropriate Cemetery offices without delay.

6.7. No monument or other memorial shall be altered or interfered with after it has been erected in the Cemetery in accordance with the designs submitted to and approved by the Council.

No inscription may be cut, nor work of any kind undertaken to any monument or memorial within a Cemetery without the prior written consent of the Superintendent.

6.8. No memorial shall be removed from a Cemetery for the purpose of cutting an additional inscription until the formal written approval of the Superintendent has been given in respect of the proposed addition(s).

Amended January 2001

N.B. Any person contravening this Regulation will not be allowed to carry out any further work within a Cemetery.

6.9. All memorials must be fixed or re-fixed in accordance with the National Association of Memorial Masons Recommended Code of Working Practice.

All work shall be subject to the directions of the Superintendent and any person carrying out works must adequately protect grass, borders, and adjoining memorials. On completion of works all surplus materials must be removed and the whole site cleaned and left in a satisfactory condition.

6.10. Full-length kerbstones and footstones of a material and design approved by the Superintendent will only be allowed in the Traditional Sections of a Cemetery. The area enclosed on a single grave space shall not exceed 7.0'" x 3'0" (2100 mm x 900 mm) and on a double grave space no more than 7'0" x 7'0" (2100 mm x 2100 mm).

6.11. No headstone placed in a Cemetery shall exceed 4'6" (1370 mm) in height or 2'6" (750 mm) in width; the minimum thickness shall be 2" (50 mm) except in the case of slate where 1½" (40 mm) is acceptable.

6.12. The person erecting a memorial shall ensure that the relevant Section and Grave Number is inscribed 2" (50 mm) above ground level on a suitable part of the memorial.

6.13. The name of the Stonemason may be discreetly inscribed in an appropriate place on the memorial. The address and/or contact details for the stonemason are not however permitted.

6.14. Hardwood Crosses of timber obtained from sustainable forests may be erected. Crosses must not exceed 2'6" (750 mm) in height, 20" (500 mm) in width, or 3" (75 mm) in thickness. They must be set in a sufficient stone or concrete plate or base, the surface of which is to be below ground level to enable a mower to pass freely over it.

6.15. All monuments and materials must be conveyed into the Cemetery or Crematorium in such a manner as not to cause any damage to roads, walks or turf.

6.16. No monuments, memorials or materials may be taken into a Cemetery or Crematorium before 8.30 am on any working day nor on Good Friday, Christmas Day, Saturdays, Sundays or Bank Holiday unless the prior consent of the Superintendent has been obtained.

6.17. All persons employed in fixing, painting, or restoring memorials, etc, must leave the Cemetery by 5.00 pm or the hour of closing (whichever is the earlier.) 6.18. All dressing or working of stone or other materials to be used in or about any grave, vault, monument or memorial shall be undertaken outside the Cemetery, except such work which cannot be carried out elsewhere.

All materials shall be carefully removed from the vehicles conveying them and neatly piled or placed in or near the place where they are to be used, as directed by the Superintendent. No working is permitted on roads, walks, or adjoining graves and all surplus materials must be removed from the Cemetery.

6.19. A memorial removed for the purpose of a further interment shall be transported from the Cemetery grounds. Any memorial left in the Cemetery grounds may be disposed of by the Council.

6.20. Every coffin interred in a vault shall be covered in an approved manner. Vaults shall not be opened otherwise than from the top except with the prior consent of the Superintendent.

6.21. Every grave or vault in respect of which an Exclusive Right of Burial has been granted, and any monument or memorial thereon must be kept in good repair by the owner. Notice to have repairs executed will be sent to the owner where contact details are known. In cases where the name and/or address of the owner is not known, a notice shall be deemed to be properly served if placed upon the grave space, monument or memorial.

If necessary repairs are not carried out within six months of the date of the notice, then the memorial may be removed and disposed of by the Council.

6.22. The construction of new grave mounds and the replacement of existing mounds will not be allowed in any part of the Cemetery other than in those areas set aside for Muslim burials; any neglected mound on an existing grave will be levelled and turfed.

6.23. The planting of shrubs on graves in the Traditional Section of cemeteries is allowed but only dwarf species are permitted.

6.24. No shrubs shall be cut down or carried away without the consent of the Superintendent. The Council reserves the right to prune, cut down or remove any shrub, plant or flowers where, in the opinion of the Superintendent, they have become unsightly, overgrown or dangerous.

6.25. No bell glasses are allowed, and no ornaments or decorations permitted unless the prior approval of the council has been obtained.

6.26. Memorials in the form of the donation of seats, shrubs, trees, roses, bird boxes, etc may be permitted at the discretion of the Superintendent dependent upon the memorial schemes being operated by the Council.

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7.0. Special Provisions Relating Only to the General (Canning Circus) Cemetery

7.1. Burials may take place in vaults and wholly walled graves which can be opened to a depth of at least 3'9" (1140 mm) on condition that every coffin buried is separately enclosed by properly cemented stonework. 7.2. Burials of parents, widows, widowers, children, children-in-law, grandchildren, brothers and sisters of persons by whom burial rights were acquired may be buried:-

(a) in earth graves which can be opened to a depth of 5'0" (150 mm) without exposing human remains;

(b) in grave spaces which had been acquired by 1st January 1923, but in which no burials had at that date taken place.

7.3. The removal of kerb sets on neglected graves shall be at the discretion of the Council. Kerb sets so removed shall not be replaced but may, however, be replaced by vase or headstone where none already exists.

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8.0. Lawn Sections - Northern and Southern Cemeteries

The Lawn Sections of the Cemetery are provided for the benefit of everyone and because of this and the needs for grounds maintenance, unauthorised monuments or momentos are not permitted in the unsown areas at the head of graves.

8.1. The surface of a grave or vault shall not be raised above the level of the immediately adjoining ground.

8.2. On the day of a funeral, flowers and wreaths may be placed on the grave in which the burial takes place and left there for seven days, after which period the Superintendent will have them removed.

8.3. When the flowers and wreaths have been removed from a grave following a funeral, nothing else may be placed or planted except in the unsown area at the head of the grave. Any item placed on the actual grave will be removed without notice.

8.4. As soon as practicable after the interment of a body, the Council will sow grass seed or lay turf over the whole area of the grave surface except the area measuring 2'0" (610 mm) long by 4'0" (1220 mm) wide at the head of the grave [known as the 'unsown area']

8.5. The Council will, at its own expense, maintain the whole of the sown or turfed area of grave surfaces.

8.6. No monument, gravestone, memorial tablet, plaque, kerb, fence, railings, chippings, or the like shall be placed or erected upon or about the sown area of any grave. Any such item placed on grave will be removed without notice.

8.7. In the unsown area of each grave a headstone not exceeding 4'6" (1370 mm) in height above the immediately adjoining ground level and 2'6" (750 mm) in width and 2" (50 mm) in thickness and/or a vase not exceeding 10" (250 mm) square and 8" (200 mm) in height (including the base or landing on which the vase may be placed) may be erected in a position and manner approved by the Superintendent.

N.B Regulations 6.4 to 6.25 (Memorials) also apply to the erection of any monument, etc, in the lawn sections of the Cemeteries, and must be complied with.

Amended April 2000

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