Bereavement Services - burial and cremation

These Rules and Regulations (known as Management Rules) enacted under the provisions of the Civic Government (Scotland) Act 1982 have been made by South Lanarkshire Council to control the way in which people use public cemeteries and the behaviour of people while in them.

These Management Rules only apply to public cemeteries, which are:

(a) owned or managed by the council (or managed on behalf of the council) and

(b) to which the public have access

These Rules do not apply to any cemeteries which have their own specific Management Rules.

1. Breaking the rules

1.1 Any person who has broken or is about to break one or more of the Rules may be expelled from a public cemetery or part of a public cemetery.

1.2 Any person who is about to break one or more of these Rules may be refused entry to a public cemetery.

1.3 If the council believes that a person who has persistently broken or attempts to break these Rules is likely to do so again, they may make an Exclusion Order.

1.4 An Exclusion Order forbids a person from entering any public cemetery mentioned in the Order. The person may not be allowed to enter the public cemetery for up to one year.

1.5 Any person who

(a) refuses to leave when requested to do so by the council officer;

(b) enters or attempts to enter a public cemetery despite being informed by the council officer that he/she is being refused entry, or

(c) enters or attempts to enter a public cemetery when not allowed to do so because of an Exclusion Order is guilty of a criminal offence and may be liable to a fine.

2. Access to public cemetery

2.1 Unless otherwise stated, public cemeteries shall be open to the public during the following hours:

a) 8am to 8pm, Monday to Sunday inclusive - 1 April to 30 September

b) 8am to 6pm, Monday to Sunday inclusive - 1 October to 31 October

c) 8am to 4.30pm Monday to Sunday inclusive - 1 November to 28 February

d) 8am to 6pm, Monday to Sunday inclusive - 1 March to 31 March                                   

2.2 The council may temporarily close a public cemetery or any part of a public cemetery for such time as it considers necessary. The council, in doing so, will post a Notice specifying the times of the closure at any part of the public cemetery which is temporarily closed.

3. General behaviour

3.1 Disturbance
Nobody shall fight or cause a disturbance or use violent, abusive or obscene language whilst in a public cemetery.

3.2 Disturbing other people
Nobody shall obstruct, disturb, interrupt or annoy any other person using a public cemetery including the council officer or other employee of the council in the performance of his duties. For these Rules, behaviour forbidden includes (but is not restricted to) behaving in an obscene or indecent way.

3.3 Damaging property
3.3.1 Nobody shall damage in any way any part of a public cemetery including buildings, walls, fences, barriers, railings and headstones.

3.3.2 Nobody shall write, deface or spray paint any part of a public cemetery.

4. Signs and notices

4.1 All signs, notices, leaflets or petitions must be given to the council officer who will then decide whether they should be put up or made available. When deciding whether to put up or make available any signs, notices, letters or petitions, the council officer will bear in mind the purpose of the notice boards, and so on. These notice boards are primarily to be used for making available council information, information from local community groups and organisations (but not commercial business or activities unless linked to a tourism or community purpose) and local events. No signs, notices, leaflets or petitions will be made available if

(a) by doing so this could result in disorder, or

(b) their contents are political or relate to expression of political views, or

(c) if the contents of the signs, notices, leaflets or petitions contain information which is illegal or defamatory to others

4.2 Nobody (other than the council officer) shall:

(a) put up any signs or notices of any kind;

(b) distribute or make available any leaflets;

(c) hold any public charitable collection

in a public cemetery without the permission of the council or authorised representative.

5. Litter

5.1 Nobody shall drop litter of any sort in a public cemetery other than in a bin provided by the council.

6. Public meetings

6.1 Nobody shall hold any public meetings, processions, demonstrations, exhibitions, religious service (except in connection with a funeral), political rally, lecture or concert in any public cemetery, without the consent of the council.

6.2 This permission must be in writing and obtained prior to the holding of the public meeting and so on.

7. Use of public cemetery

7.1 Nobody shall climb any wall, fence, gate, barrier or railing in or enclosing any public cemetery.

7.2 Nobody shall climb any tree or any seat, monument, statue or anything else erected on the ground of a public cemetery.

7.3 Nobody shall walk or run over any planted area or any grass, lawn or verge in a public cemetery which has a sign “Keep off the grass”.

7.4 Nobody shall pluck, cut, destroy or remove any flower, plants or shrubs and so on, planted by the council, from a public cemetery without the consent of the council.

7.5 Nobody shall do anything to disturb any graves in a public cemetery.

8. Vehicles

8.1 Car parking facilities provided by the council for the convenience of patrons shall only be available at such times as the cemetery is open. In all cases, the directions of the cemetery Staff must be complied with, and all vehicles must be driven at a reasonable speed and with due care and attention. The council shall not be held responsible for any damage to vehicles or other property left in the car parking facilities; however, such damage may be caused.

8.2 Vehicles conveying memorials or goods into the cemetery grounds will be allowed only with the consent of the council. The person or persons in charge of such a vehicle must comply with the directions of the council whilst within the cemetery grounds.

8.3 No vehicle shall be parked in such a way that it causes an obstruction to vehicles and visitors to a public cemetery.

8.4 All vehicles driving through a public cemetery must be driven at a speed not exceeding 10mph.

8.5 Nobody shall carry out any repairs or other works to any vehicle whilst in a public cemetery except where the works are of an emergency nature.

9. Alcohol/Substances

9.1 Nobody shall drink or deposit any alcoholic beverages within a public cemetery

9.2 Nobody shall take any illegal substances whilst within a public cemetery.

10. Collections

10.1 Nobody shall collect money, gifts or subscriptions whilst within a public cemetery unless the prior written permission of the council has been obtained.

10.2 Permission for public charitable collections must be obtained from the council before the collection is held. This permission may be in writing and could be subject to such conditions as the council may consider reasonable.

11. Games/Activities

11.1 Nobody shall play or take part in any game or activities or exercises in a public cemetery.

12. Animals

12.1 All dogs and other animals brought into a public cemetery must be kept under control and in particular, all dogs must be kept on a lead, and the animals must not cause annoyance to any person or damage any part of a public cemetery.

12.2 When a dog fouls in any cemetery, the person in control of the dog must place the waste into either a dog fouling bin or, if there is no dog fouling bin provided, they must either place the waste in any other waste bin or remove it from the cemetery.

12.3 Anyone with a dog must comply with the Control of Dogs (Scotland) Act 2010.

12.4 Nobody shall ride, train or exercise any horse or other animal in a public cemetery.

12.5 Horses may only enter and be ridden in a public cemetery when in connection with a funeral, and only with the consent of the council. The consent must be in writing and be obtained prior to the relevant funeral taking place. Horses permitted to enter a public cemetery as so specified must not be ridden at any pace faster than walking.

13. Council officers and staff

13.1 Every person in a public cemetery must follow the instructions of the council officer and any of his/her staff. This includes leaving when requested to do so and to stop doing anything when instructed to do so.

14. Operating procedures

14.1 The operating procedures shall form an integral part of these Management Rules and shall be enforceable as part of these Management Rules.

15. Amendment

15.1 The council shall be at liberty to alter these rules and regulations or any part of them, at any time as they may see fit and may enforce (or decline to enforce) such rules as they think fit for the proper or better management of the cemeteries.