Stafford Borough Council Cemetery and Crematorium Rules and Regulations

Important - Please Note

Through the process of normal Cemetery management it may be necessary, at a later date, to excavate a grave space adjacent to the one you have purchased. This means we have no alternative but to mound soil on your grave space. Wherever possible access will be available to the head of the grave and you should only be inconvenienced for a maximum of 72 hours (more often only 24 hours).

We apologise should this situation affect you in the future, but assure you there is at present no alternative.

Double fees for burial of non residents

The Exclusive Right of Burial and interment fees are doubled:

(i) When the deceased is not a resident or Council taxpayer of the Borough of Stafford. If the deceased lived in the Borough for the majority of their life but took up residence outside the Borough boundary in a residential or nursing home registered by national Care Standards within two years of the death, they may be exempt. In this case the family is to provide the relevant information for claiming this exception to this burial authority and the managers decision is final.

(ii) When the burial rights are pre-purchased by anyone who is not a resident or Council taxpayer of the Borough of Stafford.

Interpretation

The following regulations shall apply to Stafford Crematorium and to cemeteries at Tixall Road, Eccleshall Road, Stone and any other Cemetery or Crematorium which may be established by or come under the control of Stafford Borough Council after the adoption of these regulations.

Printable Version

In these rules and regulations, unless the context otherwise requires, the following words and expressions shall have these meanings assigned to them:-

'Additional Inscription' means each inscription, after the first, referring to one other deceased person whether or not that person be interred in the grave or not.

'Cemetery' means any place provided by the Council for the interment of human remains and any reference to 'the Cemeteries' shall refer to any or all of the cemeteries to which these regulations apply.

'Contractor' means any person employed by Stafford Borough Council and any authorised officer in its employment.

'Exclusive Right of Burial' means the exclusive right, granted by deed, of the registered owner to determine who may be interred therein; such exclusive right is for a limited period, determined by the council.

'Right to Erect a Memorial' available by Grant to the owner of the Exclusive Right of Burial to erect a memorial on the grave in question, such right is for a limited period, determined by the Council.

'Garden Border' means the none grassed area at the head of some 'lawn graves' where the memorial is placed.

'Grave Space' means the area allowed by the Council for the establishment of a grave. Positions and alignments will be determined solely by the Registrar. There is no legal requirement for graves to be aligned in a particular way.

'Grave' means a burial place (inclusive of those used for cremated remains) formed in the ground by excavation and without any internal brick work, stone, or any other lining.

'Inscription' means a reference on a memorial to one deceased person, whether that person be interred in the grave or not.

'Lawn Grave' means a grave where only a memorial at the designated head end of the grave is permitted. Graves may be in single rows.

'Local' Authority owned grave' means a grave in which no exclusive right of burial will be granted by the Council and in which unrelated persons will be interred: formerly known as a common or public grave.
There will be no option to purchase.

'Memorial' means any authorised stone, vase, tablet, kerbing or other object placed on a grave space (excluding wreaths and flowers).

'Office' means the Cemeteries and Crematorium office on Tixall Road, Stafford.

'Private Grave or Vault' means a grave or vault in respect of which the exclusive right of burial is granted.

'Registrar' means that person, for the time being, holding the office of Registrar, as appointed by the council, or the Cemeteries and Crematorium person who shall be acting for them, on their behalf or in their absence.

'Traditional Grave' means a grave where a memorial and/or kerbing has been permitted to be placed on a grave.

'Uninscribed Vase' refers to a vase on a grave (Private or Local Authority Owned), the epitaph of which does not include the surname of the deceased person.

'Vault' includes an underground burial place of any description, except a grave to which the word 'grave', as interpreted above, applies

'Working Days' means the days on which the office is open, i.e. Monday to Friday inclusive (excluding Public Holidays).

Management of the Cemeteries and Crematorium

1. The Cemeteries and Crematorium will be open to the public on such days and during such hours as the Council may, from time to time, determine.

2. At the time of adoption of these regulations by the Council, the Cemeteries will be open during the following hours.

	October to March - Monday to Saturday October to March - Sunday and Bank Holidays	9.00am to 4.30pm 10.00am to 4.30pm
	April to September - Monday to Saturday April to September - Sunday and Bank Holidays	9.00am to 8.00pm 10.00am to 8.00pm

3. Any unauthorised entry when the Cemeteries are closed to the public contravenes Section 18(2) of The Local Authorities' Cemeteries Order 1977

4. All persons entering the Cemeteries or Crematorium will be subject to the orders and control of the Council.

5. All persons shall conduct themselves in a decent, quiet and orderly manner and are reminded of Section 18(i) of The Local Authorities' Cemeteries Order 1977, which states that:

No person shall:

(a) wilfully create any disturbance in a Cemetery;

(b) commit any nuisance in a Cemetery;

(d)     wilfully interfere with any grave or vault, any tombstone or
         other memorial or any flowers or plants or any such similar
         matter; or

(e) play at any game or sport or discharge a firearm (save at
a military funeral) in a Cemetery.

6. Visitors to the Cemeteries and Crematorium shall not unreasonably interrupt the Council's employees or their contractors at their duties, or employ them to execute private work within the Cemeteries or extend them any gratuity.

7. All complaints and requests by members of the public must be made to the office and not to the workers employed in the Cemeteries or Crematorium.

8. All dogs must be kept on a lead at all times and must not foul within the Cemetery grounds, (if this is unavoidable, the person in control of the dog must remove any deposit).

9. Children who are, or appear to be, under the age of 14 years will not be permitted in the Cemeteries or Crematorium except under the care of a responsible person

10. No person (other than the Council) shall sell or expose for sale any article, commodity or thing of any kind whatsoever or solicit orders for the same, within the Cemeteries or Crematorium.

11. Any person using a motor vehicle in the Cemeteries or Crematorium shall only do so on a carriageway suited to that purpose, except with the consent of the Registrar

12. All visitors to the Cemetery or Crematorium must keep to the footpaths or roads whilst visiting a grave or vault and refrain from interfering with trees, shrubs and flowers.

13. No person shall drop, throw or otherwise deposit and leave in the Cemeteries or Crematorium, any wastepaper or refuse of any kind, except in the receptacles provided for the purpose.

14. The taking of photographs, video and tape recordings, within the Cemeteries or Crematorium, shall be subject to the approval of the Registrar, who may demand production of the Deed of Grant of Exclusive Right of Burial or indemnity in the Council's favour where it is proposed to photograph a private grave or memorial.

15. Smoking is prohibited in any of the Council's buildings.

16. No employee of the Council, or its contractors, is to demand or receive any gratuity.

Interments

17. Enquiries about sections of the cemeteries reserved for different religious groups should be made to the office.

18. In sections of the Cemeteries consecrated in accordance with the rites of the established church, burials will only be permitted in accordance with the rites of a Christian denomination, or without any religious service, provided that other rites are decorously performed.

19. Interments may only take place in accordance with the Regulations and between the hours of:

Monday to Friday-10am to 3pm

20. Interment of cremated remains may be allowed outside these hours, on working days, on contacting the office. Interments will not normally be permitted on Saturday, Sunday, Good Friday, Christmas Day, or any other public holidays.

21. The time appointed for an interment will relate to when the funeral cortege is to arrive at the graveside where the interment is to take place. The funeral director, or person in charge of the funeral, arriving after the appointed time, must act under the direction of the Registrar as to when the funeral service may proceed.

22. Prior telephone booking is required for every interment. The Notice of Interment (on a form approved by the Registrar) and disposal certificate shall be delivered to the office so as to allow a minimum of 2 clear working days between the date of delivery of such Notice and the date of interment. The Notice of Interment is also confirmation of the telephone booking which is provisional until the Office checks the Notice of Interment.

23. The Council will accept no responsibility whatsoever for verbal arrangements where such arrangements have not been confirmed in writing on the prescribed form(s).

24. The Notice of Interment must contain full details of the deceased; the proposed interment; the grave to be used; the size of the coffin and the signature of the owner of the Exclusive Right of Burial for a new grave.

25. The Council will not accept responsibility for consequences arising from the loss or delay of any such notice, order or any other document sent by post, nor for the accuracy of the details contained in the Notice of Interment.

26. Regulations 22 and 24 may be waived in cases of emergency, certified by a medical authority acceptable to the Council as being in the interest of public health.

27. The person arranging the interment shall be responsible for the attendance of the Minister of Religion, to officiate at the burial service, and for the payment of any fee to which the minister is entitled.

28. A certificate for disposal issued by the Registrar of Births and Deaths or a Coroner's Order for burial must be delivered to the office before a burial takes place.

29. Any person procuring an interment without production of such certificate or order will be required to make a written declaration on the prescribed form in accordance with Section 1 (1) of the Birth and Deaths Registration Act 1926.

30. In the case of an interment or cremated remains, a certificate for burial purposes, issued by the Cremation Authority, will be required.

31. If a coffin is not used for interment the body must be enclosed in a shroud or winding sheet (the body is to be totally wrapped in this). Underneath will need to be incorporated a wooden board to provide rigidity for handling purposes. An 'outer shell' may be needed if the wrapped body may be visible to members of the public.

32. Employees of the Council will prepare all graves or vaults.

33. After interment, no body or cremated remains may be removed from a grave or vault without the production of the ecclesiastical faculty and/or licence for exhumation required by law. The original documents will be required for this purpose.

34. Ceremonies of a special nature are subject to the approval of the Registrar.

35. In the case of the re-opening of a private grave or vault, where the written consent of the legal owner of the burial rights is required, the council will require to be indemnified against any action arising as a result of permitting the re-opening in such circumstances as the Deed of Grant of Exclusive Right of Burial being said to be lost or the death of the owner of the Deed of Grant of Exclusive Right of Burial. The office should be contacted for the appropriate form.

Exclusive Rights of Burial

36. Exclusive Rights of Burial can be purchased in respect of available grave space, in accordance with these Regulations and the Scale of Fees and Charges applicable to such purchase at that time.

37. No person may hold, at any one time, the Exclusive Right of Burial to more than one unused grave.

38. Cremated remains graves will normally be allocated in strict rotation within each section. Plans showing the grave spaces available are kept at the offices, where they may be seen during normal office hours.

39. Whilst every effort will be made to achieve the full number of interments in a grave, the Council cannot be held responsible if this cannot be achieved due to factors outside its control, e.g. ground conditions; weather.

40. A grant of Exclusive Right of Burial confers no other right (e.g. right to erect a memorial; ownership of land); other than that of burial.

41. All grants of Exclusive Right of Burial will be made for a period of 50 years and, thereafter, for a period not exceeding 30 years.

42. At the expiration of that period, the purchaser or their successors may have the option to renew the Exclusive Right of Burial, subject to such restrictions and regulations as may be in force at the time. Application should be made for renewal of the Exclusive Right of Burial in the three months before the expiry of the previous grant.

43. Where the period of grant of Exclusive Right of Burial has elapsed and no notice of an intention to renew has been received from the person who was granted the Exclusive Right of Burial or his/her successors, the Council may grant a renewed Right of Burial to any other person, but before doing so will, where possible, attempt to notify the previous owner of the right of burial, or his/her heir or successor (if known) and give the option of renewal.

44. Any transfer of ownership of Exclusive Right of Burial will be subject to the production of satisfactory evidence and title and the approval of the Council. Such transfer will be registered in the records of the Cemetery and the Deed of Grant of Exclusive Right of Burial must be produced for endorsement at the Registrar's Office and the appropriate transfer fee paid.

Memorials

45. The Right to Erect a Memorial is issued subject to the relevant fees being paid and a 'Guarantee of Workmanship' produced by the Monumental Mason for a period of not less than 30 years. Only those Memorial Masons registered with Stafford Borough Council are permitted to carry out work within the authorities Cemeteries.

46. Memorial Masons are reminded that in case law the Liability for defective work rests with the relevant mason and that... 'stonework properly erected ought to stand for at least 30 years without repair'. (See Brown v Cotterill 1934).

47. A memorial may only be erected on a grave space within the Cemeteries in accordance with these regulations, with the approval of the Registrar and upon payment of the appropriate fee. The Right to erect a memorial will be for the unexpired portion of the Exclusive Right of Burial.

48. Application for approval to place any memorial in the Cemeteries, alter or add to any inscription, or replace, add to or remove from the Cemeteries any memorial must be submitted to the Registrar on the appropriate Application Form (available from the office).

49. Prior approval is required before any work is undertaken. Any approval is issued on the understanding that the work undertaken will fully comply with the details on the Application Form and the requirements of these Regulations. Any work that does not comply will not be permitted to remain in the Cemeteries and may be removed without notice - the cost of this will be charged to the person who carried out the unauthorised work. (A permit is also required for cleaning, and/or remedial work and prior approval is required before any work is undertaken.)

50. Headstones etc. shall be placed at the end of a grave designated as the head end. Inscriptions may only be on one side of the headstone and shall face the length of the grave.

51. All memorials shall comply with the following, as appropriate:

A headstone or similar shall have a base fixed on a foundation of solid stone or concrete. The foundation should be no greater than the width of the grave on the plan less 50mm. The base may incorporate one or two flower containers and include up to two vases, tablets or figures, so long as they shall comply with the following Regulations and shall not exceed beyond the perimeter of the based
Full Sized Graves: Memorials may be up to 785mm above ground level (inclusive of base), 600 mm wide 75mm - 100mm thick, fixed at the designated head end of the grave - one per grave; or vase or vases (up to 2) no greater than 225mm in any dimension fixed securely on an appropriate base.
Kerbing and taller stones are permitted on traditional graves only. (Certain sections at Eccleshall Road and Stone Cemetery only)

52. The exception to the above Regulations is the Woodland Burial Section (Stone Cemetery only) which is as follows:

To maintain credibility in the 'return to nature' it is essential that native trees, supplied by the Burial Authority, will be the only type of memorial allowed.

53. Each memorial shall be set on a foundation of natural or pre-cast stone or concrete in one piece, 75mm larger all round than the base of the memorial and not less than 75mm in thickness and situated so that the top surface of the foundation or sub-base is flush to the adjoining ground level.

54. All joints must be properly cemented and cramped, joggled or doweled. Cramps or dowels, for this purpose, must be of non-ferrous metal or heavily galvanised steel not less than 16mm in diameter and 150mm in length. There must be at least 2 dowels to each doweled joint.

55. Headstones shall be constructed from a single piece of stone, although they may be inlaid with natural stone, lead or bronze as part of the design or inscription. Such inlay shall not reduce the thickness of the main body of the headstone to less than 75mm. The inlaid material must not be raised above the surface of the headstone proper by more than 12mm and must be contained within the overall dimensions of the headstone.

56. The base of all memorials shall be constructed of a single piece of stone, which may be drilled to accommodate up to two flower containers.

57. A memorial of concrete, sandstone, Bath or soft Caen stone, pottery, plastic or fibreglass is not permitted and will be removed and disposed of without notice. The cost of removal and disposal will be charged to the person(s) who erected the memorial.

58. Photographic plaques, not exceeding dimensions of 13cms, may be affixed to headstones or bronze plaques only.

59. The name of the memorial mason, section and grave number must be inscribed and inlaid to match the main inscription, in figures up to 20mm high on the right hand side of the base and also, if present, on the corner of kerbing at the foot of the grave.

60. No hewing or dressing of stone will be permitted in the Cemeteries.

61. All materials and equipment shall be conveyed in the Cemeteries in such a manner as to prevent damage to walks, paths, roads or grassed areas and all soil or waste material shall be removed from the Cemeteries immediately in a professional manner. Mats, boards or canvas shall be used, as directed by the Council, to achieve this end.

62. All work people employed, on behalf of the owner of the Exclusive Right of Burial, to erect any memorial or to perform work on an existing vault, memorial etc, shall carry out their work strictly under the direction of the Registrar and shall:-

At the cost of the owner fill up and level the ground, remove off site all waste and unwanted material and make good any damage or injury whatsoever occasioned in the process of the work
Perform the work during normal open hours of the office: Monday to Friday, 8.30pm to 4.30pm.
Provide their own tools and equipment, bring mortar ready made and complete the work with due dispatch.

63. The removal and re-erection of a memorial to facilitate the re-opening of a private grave or vault, or to level such a grave or vault, shall be at the expense of the grave owner.

64. Any person removing a memorial to permit further interment, shall either remove same from the Cemeteries, after informing the Registrar, or place it in a position indicated by the Registrar.

65. Any memorial removed from a grave to facilitate an interment shall be replaced as soon as possible after the first anniversary of the last interment, if not before.

66. Any memorial erected in the Cemeteries remains there at the sole risk of, and must be kept in good state of repair by, the owner of the Exclusive Right of Burial and at his/her expense. The Council reserves the right to remove and dispose of, without notice, any memorial not kept in a good state of repair or which has become unsightly (Local Authorities' Cemeteries Order 1977).

67. The Council reserves the right to exclude or remove and dispose of without notice from the Cemeteries, any memorial not erected to an acceptable standard, or from sound materials or which would, in the Council's opinion, disfigure the Cemeteries or offend public decency or which is considered unsafe.

68. The Council reserves the right to remove without notice, any memorial and take precautions necessary, to safeguard the Council's employees or contractors when digging graves adjacent to any memorial.

Maintenance and Upkeep

69. The surface of every grave or vault shall be at ground level, except for an approved memorial permitted in accordance with these Regulations.

70. The placing on graves or vaults of artificial wreaths or flowers, glass shades, items of pottery, glass jars, tins, plastic or any other material is strictly forbidden. Any item so placed in contravention of these Regulations will be removed and disposed of by the Council without notice.

71. The Council reserves the right to remove, without notice, from any grave or vault, flowers, plants or wreaths that, in its opinion, have become unsightly and to dispose of the same in such a manner as deemed fit.

72. Plants may only be planted in a 'garden border' or inside kerbing or where kerbing would have been permitted to be placed. (Eccleshall Road and Stone Cemetery only). Plants must be low growing and non-spreading in type.

73. Any plants which encroach outside of the grave area will be cut back or removed by the Council, without prior notice.

74. The repair of memorials or any other item permitted on a grave is the responsibility of the grave owner.

Cremation

75. Fully completed statutory and other required paperwork, must be delivered to the office no later than 8.00 am on the working day immediately before the date of the funeral. Failure to comply may mean that the cremation will be postponed.

76. The placing in the Crematorium buildings, or on the areas designated as the Gardens of Remembrance, of artificial wreaths or flowers, glass shades, items of pottery, glass jars, tins, plastic or wire mesh fences or any other items of wood, metal, plastic or any other material is strictly forbidden and any item so placed on contravention of these Regulations will be removed and disposed of by the Council without notice.

Fees and Charges

77. The fees and charges prescribed for the use of the Cemeteries and Crematorium, shall be those specified in the scale of fees and charges, as amended from time to time.

78. All fees and charges are payable in advance to the Council, except in the case of Funeral Directors and Monumental Masons dealing with the Council, when payments may be permitted to be rendered weekly (this must be discussed, in advance, with the Registrar).

General

79. All persons (not employed by the Council) engaged in work in the Cemeteries, shall comply with all reasonable requests, directions and requirements of the Registrar.

80. Admission of vehicles is subject to the following conditions:

Access is available during the following hours:-

		1 April to 30 September - 9.00 am to 8.00 pm
		1 October to 31 March - 9.00 am to 4.30 pm
		Sunday and Bank Holiday opening 10.00 am


		Vehicular access to Eccleshall Road Cemetery can be arranged with the office at Tixall Road

81. Access is subject to absolute right of way being given to any funeral cortege in the Cemeteries

82. No vehicle is to be left in a position so as to cause an obstruction to other traffic.

83. A speed limit of 5 mph is not to be exceeded. Vehicles must only be driven on roads intended for vehicular use. Permission for admission of vehicle may be withdrawn at any time.

84. No liability is accepted by the Council for loss of, or damage to, a vehicle or its contents, or injury to its driver or passengers, howsoever arising.

85. All reasonable requests and requirements of the Registrar shall be complied with.

86. Registers of all burials, graves and cremations are kept at the office, where searches by staff can be made, and certified extracts obtained, upon payment of the prescribed fee. Searches by people other than staff can only be made in the Register of Burials.

Trees

87. The fixing of screws, hooks, nails and plastic binding including string to any tree/shrub whether it is an adopted memorial tree or not is strictly forbidden.

88. Any unauthorised artefacts or cut flowers used to adorn any tree will be removed immediately without prior notice. (The planting of bulbs etc is actively encouraged within the circular garden at the base of adopted memorial trees.)

Floral Tributes

89. All floral tributes will be removed and disposed of, from grave spaces and the cloister area for cremation, 7 days after the funeral.

90. The removal and disposal of Christmas wreaths, from all areas (excluding those fixed to Headstones) will commence during the first week in February.

91. The Council is empowered to alter or amend the foregoing Regulations at any time and to introduce further regulations as they consider necessary, eg in the case of newly established sections of the Cemeteries.

92. The Council may waive any of the foregoing Regulations where it considers there are exceptional circumstances.