AI-assisted research summary: This amendment law changes the Burials and Exhumations (Jersey) Law 2004, including inspection, notice, appeal, fee, and enforcement powers for burial grounds.
Burials and Exhumations (Amendment) (Jersey) Law 2008 Arrangement Article 1 Interpretation . 343 2 Article 1 amended . 343 3 Article 2 amended . 343 4 Article 3 substituted . 344 5 Article 8 amended . 344 6 Article 11 amended . 344 7 Citation and commencement 345 Burials and Exhumations (Amendment) (Jersey) Law 2008 A LAW to amend the Burials and Exhumations (Jersey) Law 2004. Adopted by the States 12th February 2008 Sanctioned by Order of Her Majesty in Council 9th July 2008 Registered by the Royal Court 25th July 2008 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law “principal Law” means the Burials and Exhumations (Jersey) Law 2004 [1] . 2 Article 1 amended In Article 1 of the principal Law the definition “Harbour Master” shall be deleted. 3 Article 2 amended For Article 2(3) of the principal Law there shall be substituted the following paragraphs – “(3) The States may by Regulations make provision with respect to the management, regulation and control of any burial ground. (4) Regulations under this Article may provide for burial authorities – (a) to issue directions; and (b) to charge fees, in respect of such matters as the Regulations may prescribe.”. 4 Article 3 substituted For Article 3 of the principal Law there shall be substituted the following Article – “3 Inspection and maintenance of burials grounds (1) An officer in an administration of the States for which the Minister for Health and Social Services is assigned responsibility may at any reasonable hour inspect any burial ground to ascertain whether it is being maintained so as to minimise any risk to the health, safety or welfare of persons visiting the burial ground. (2) If the officer considers that the burial ground does present such a risk to health, safety or welfare, he or she may serve on the burial authority responsible for maintaining the burial ground a notice requiring the burial authority to take such steps to minimise the risk as are specified in the notice within such period exceeding 21 days as is specified in the notice. (3) A burial authority served with a notice under this Article may, within 21 days of such service, appeal to the Royal Court on the grounds that the action taken by the officer was, in all the circumstances, unreasonable, and the Court may cancel, affirm or vary the notice. (4) If a burial authority fails to comply with the notice, unless an appeal is pending, the Minister for Health and Social Services may – (a) take the steps specified in the notice; and (b) recover from the burial, authority, as a debt due to the Minister, the expenses reasonably incurred by the Minister in doing so. (5) A person who obstructs an officer carrying out an inspection under paragraph (1) or a person carrying out the functions of the Minister under paragraph (4) shall be guilty of an offence and liable to a fine of level 3 on the standard scale.”. 5 Article 8 amended For Article 8(2)(b) of the principal Law there shall be substituted the following sub-paragraph – “(b) at sea in accordance with a licence granted by the Minister for Planning and Environment under section 5 of the Food and Environment Act 1985 (as extended to Jersey by the Food and Environment Act 1985 (Jersey) Order 1987),”. 6 Article 11 amended In Article 11(2)(b) for the words “prescribe fees to be paid” there shall be substituted the words “authorize the charging of fees”. 7 Citation and commencement This Law may be cited as the Burials and Exhumations (Amendment) (Jersey) Law 2008 and shall come into force on the same day that the Burials and Exhumations (Jersey) Law 2004 comes into force. a.h. harris Deputy Greffier of the States [1] L.22/2004