Simple terms explainer

Councils must ensure there is at least one suitable burial ground within their area if no other provision exists. This includes providing a safe, respectful place for burials that is properly managed and maintained. Councils are responsible for keeping burial grounds in good condition, inspecting memorials, and ensuring spaces remain accessible and dignified for families and communities. Council archaeologists play a specialist advisory role in managing burial grounds and human remains, particularly where historic or archaeological sensitivities arise. The council must consider potential archaeological impacts when assessing burial sites and lairs for reuse, establishing new burial grounds, and undertaking works that may affect the historic environment. Appropriate mitigation measures, such as recording and excavation, should be implemented. To achieve this, councils must consult individuals with the necessary knowledge and qualifications to advise on archaeological aspects of proposals, ensuring all actions are legally compliant and culturally sensitive.

Legal status

Statutory


Duty category

Archaeology

Planning

Environmental services


Duty type

Public impact


Social determinant of health

Neighbourhood and environment

Emerging policy and legislation


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National bodies with shared interest

ALGAO Scotland

The Society of Chief Officers of Environmental Health in Scotland (SoCOEHS)

NHS Scotland

Standards and Frameworks

 

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