Section 15 Procedure for making byelaws
The following provisions of this section apply to byelaws made by the Company under section 14.
The byelaws must be made under the hands of two persons appointed for that purpose by the Company and do not have effect until they are confirmed by the Secretary of State.
At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation must be given in one or more local newspapers circulating in the area in which the part of the cemetery to which the byelaws are to apply is located.
For at least one month before application for confirmation is made, a copy of the byelaws must be deposited at the registered office of the Company, and must at all reasonable hours be open to public inspection without payment.
The Company must, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the Company may determine.
The Secretary of State may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which any byelaw is to come into operation and, if no date is so fixed, the byelaw shall come into operation at the expiration of one month from the date of its confirmation.
A copy of the byelaws, when confirmed, must be—
printed and deposited at the registered office of the Company;
at all reasonable hours open to public inspection without payment;
uploaded to the Company’s website; and
on application, furnished to any person on payment of such sum, not exceeding 20p for every copy, as the Company may determine.
A person appointed for the purpose by the Company must send a copy of any byelaw made by the Company that is confirmed to the proper officer of the local planning authority for the area in which the part of the cemetery to which the byelaws are to apply is located.
The production of a printed copy of a byelaw purporting to be made by the Company upon which is endorsed a certificate purporting to be signed by a person appointed for that purpose by the Company stating—
that the byelaw was made by the Company;
that the copy is a true copy of the byelaw;
that on a specified date the byelaw was confirmed by the Secretary of State;
the date, if any, fixed by the Secretary of State for the coming into operation of the byelaw,
is prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
In this section, “proper officer” has the meaning given by section 270(3) of the Local Government Act 1972 (interpretation of references to “proper officer”).