HC Deb 02 December 1985 vol 88 c50W
Mr. Milan

asked the Secretary of State for Scotland if he will introduce legislation to give powers to local authorities to enforce reasonable standards of maintenance in commercially-owned cemeteries and burial grounds; and if he will make a statement.

Mr. Younger

Maintenance of commercially-owned cemeteries and burial grounds is primarily the responsibility of their owners. Planning authorities are, however, empowered by section 63 of the Town and Country Planning (Scotland) Act 1972, if they consider that the amenity of any part of their district is seriously injured by reason of the derelict, waste or neglected condition of any land, to serve on the owner a notice requiring steps to be taken to abate the injury. Section 88 as applied by section 63(3) of the 1972 Act provides that, if such a notice is not complied with, the planning authority may themselves take the steps specified in the notice, and may recover from the owner any expenses reasonably incurred by them in doing so. Against this background, I see no need for further legislation to be introduced.