Your responsibilities as a burial authority.
If you are responsible for a cemetery, churchyard, or other burial ground, you carry significant legal duties in relation to the safety of everyone who enters the site.
Under current legislation, the occupier of a burial ground — whether a local authority, landowner, parish council, or parochial church council — is responsible for the safety of employees, contractors, visitors, and members of the public. This duty of care is established under the following statutes:
Occupiers' Liability Acts 1957 and 1984
Covering the safety of all lawful visitors and, in certain circumstances, trespassers who enter the burial ground.
Health and Safety at Work Act 1974 (Sections 2 and 3)
Placing duties on employers in relation to both employees and non-employees, including members of the public affected by the organisation's activities.
Local Authorities Cemeteries Order 1977
Setting out specific statutory obligations for local authority burial grounds relating to management, maintenance, and safety.
Failure to meet these obligations carries serious consequences.
Failure to meet these obligations can result in substantial compensation claims, significant legal costs, and — as the Glasgow Fatal Accident Inquiry demonstrated — a formal finding that a death was preventable.
A regular, documented memorial inspection programme is one of the most important steps a burial authority can take to manage this risk.