A. Introduction These Regulations set out the general terms which have been established by Kemnal Park Limited (Manager) on behalf of Memorial Property Investments Limited (Owner) to regulate the manner in which Kemnal Park operates as a cemetery, chapel and memorial gardens. They are designed to ensure the safe operation and peaceful enjoyment of the cemetery for all visitors and staff. Additional specific terms and conditions apply to graves of certain types or located within particular areas and features within Kemnal Park as follows: • Lawn graves • Gallantry graves • Traditional graves • Woodland Planting graves • Baby Garden graves • Private Garden graves • Rose Garden graves • Feature Tree Memorial • Columbarium • Mausoleum Copies of such specific terms and conditions are available separately on request. B. Burial Rights 1. Grant of Rights: The whole of Kemnal Park and each grave space within it is and will at all times remain the property of the Owner and is managed on its behalf by the Manager. The Manager, on behalf of the Owner, grants exclusive burial rights within each grave space so that individuals may decide both who is buried in a particular grave and on the details of the memorial. As in all cemeteries, the grant of exclusive rights does not confer upon the grantee any interest in the land as real property. Exclusive burial rights are granted for a specified number of years (generally 10, 25, 50, 75 or 99 years). The period commences from the date of either the first burial in the grave space or 25 years from the Date of Grant of Exclusive Burial Rights, whichever the earlier. The grant is also subject to specific terms and conditions relevant to the particular type of grave selected in each case. Only persons registered with the Manager as entitled to the burial rights may authorise burials in the grave space granted to them. The Manager issues a Grant of Exclusive Burial Rights for each grave space, together with a copy of these Regulations and the specific terms and conditions relating to the particular type of grave required, and these documents form the legal contract between the Owner and the Grantee. 2. Restrictions: No burial or scattering may take place within a grave or memorial area and no memorial may be erected in a grave space without the written consent of the registered owner of the exclusive burial rights in that grave or where appropriate his or her executors. No Scattering of cremated remains is permitted within Kemnal Park without written consent from the Manager. ** Restricted items and weathered flowers left on the graves or memorial are removed every Thursday of the week by the Manager or its nominated agent. The Manager issues a Grant of Exclusive Burial Rights for each grave space, together with a copy of these Regulations and the specific terms and conditions relating to the particular type of grave required, and these documents form the legal contract between the Owner and the Grantee. • The grant of exclusive burial rights does not give the grantee individuals or families the right to place any items on a grave that are not permitted in Kemnal Park. Prohibited items include, but are not restricted to the following: • Wind chimes, Windmills, Tinsels • Artificial Flowers • Flags, Clothings • Lights, Candles • Photos with or without frames • Any kind of fencing • Anything made of glass • Ceramics • Metal objects • Balloons • All ornaments including statues • Alcohol • Hazardous items & sharp objects such as gardening tools, scissors etc. • Anything flammable These restrictions are made clear prior to the funeral or service and form part of the terms and conditions of the grant of the exclusive burial rights. The Manager reserves the right to remove any item that it considers unsuitable from any grave or memorial without notice. No burial or scattering may take place within a grave or memorial area and no memorial may be erected in a grave space without the written consent of the registered owner of the exclusive burial rights in that grave or where appropriate his or her executors. No Scattering of cremated remains is permitted within Kemnal Park without written consent from the Manager. ** Restricted items and weathered flowers left on the graves or memorial are removed every Thursday of the week by the Manager or its nominated agent. 3. Ownership and Assignments: Exclusive burial rights in a grave are normally granted only to one named individual. Where requested, the exclusive rights in a grave may be granted to more than one named individual, but in such cases, the written consent of all such named individuals, or their executors, will be required to enable a memorial to be erected on the grave and to permit any burial or scattering in the grave. Ownership of the exclusive burial rights may be transferred either during the owner’s lifetime or after their death. However, in order to be valid, transfers of ownership must be notified to and registered with the Manager (upon payment of the required fee) at the time of transfer. Possession of the Grant of Exclusive Burial Rights in itself does not prove ownership of the exclusive burial rights. Ownership of the exclusive burial rights belongs to the person(s) registered with the Manager, whether at the time of the grant of the rights or following a registered transfer of ownership. The initial period of exclusive burial rights may be extended at any time prior to the expiry date. Upon payment of the relevant fee, the Manager will on behalf of the Owner issue a replacement Grant of Exclusive Burial Rights for the new period. Within five years prior to the expiry of the exclusive rights in a grave, the Manager will seek to contact the registered owner of the rights offering to extend those rights. Where the exclusive burial rights in any grave expire and are not renewed, they revert to the Owner. After the expiry of the period of exclusive burial rights, neither the original grantee of the rights nor anyone to whom the rights may have been transferred retains any rights to the grave. The Manager reserves the right to remove any memorial on a grave where the exclusive rights have expired and after 3 months to use or dispose of the memorial in any manner. It is the responsibility of the grantee of the exclusive burial rights to inform the Manager of any change of address or other contact details, and of any intention to transfer ownership of the rights. C. Funeral Regulations: Booking: All funerals must initially be booked by telephone with the Manager at the Administration Office. In the case of funerals requiring new graves or new plots for cremated remains, the Funeral Director should advise their client to visit Kemnal Park and contact the Administration Office to be shown the choices available to them. A client can pay for the burial plot or memorial directly to the Manager. Burial Documentation: The Notice of Interment Form must be completed in full and delivered or transmitted electronically to the Administration Office within the periods shown below: • Earth grave – at least two working days prior to the funeral • Vault or mausoleum – at least two working day prior to the funeral The Registrar’s Certificate / Coroner’s Order, or other relevant legally required authorisation for the burial, should normally be delivered in advance of the funeral to the Manager at the Administration Office together with the Notice of Interment Form. If any of these documents are transmitted electronically, the originals and a cleared payment must be received by the Manager at the Administration Office before the burial may proceed. The Registrar’s Certificate / Coroner’s Order, or other relevant legally required authorisation for the burial may be delivered to the administration office at the time of the funeral. However, the burial may then only proceed upon receipt of the relevant certificate or after the completion of the legally required Declaration. Excavation of a Grave: In order to excavate or gain access to a grave, it may be necessary to temporarily place plant, equipment and excavated materials on top of adjacent graves. The period during which this may be necessary will be kept to a minimum. Once the burial has been completed, the grave will be backfilled and the surface of any adjacent grave affected by the works will be made good. Similarly, it may be necessary to temporarily move memorials to enable access to excavate a grave. Once the burial has been completed, the grave will be backfilled and any memorials that have been moved will be replaced upon their graves. All graves, vaults and mausoleums will be provided and prepared by the Manager or its nominated agents. Where it is intended that mourners will wish to backfill a grave, advance notice of this should be communicated to the Administration Office on the Notice of Interment Form. Times of Funerals Funerals may take place on Mondays to Saturdays and by arrangement on Sunday, inclusive every week of the year, excluding Bank Holidays. Burials may only take place during daylight hours, leaving sufficient daylight time for the staff of the Manager to backfill each grave. The chapel is available for funeral services at any time, subject to agreement with the Manager. Types of Coffin / Container The type of coffin / container that will be accepted for burial at Kemnal Park must be considered by the Manager to be appropriate for the type of burial: • Lawn Grave: Any type of coffin except zinc lined, lead lined or any other kind of heavy metal or made of steel. Only caskets made of wood are permitted. • Traditional Grave: Any coffin or casket permitted accept anything zinc lined, lead lined or any other kind of heavy metal. • Bricked graves, vaults and mausoleums: All coffin types accepted including zinc lined, lead lined or made of steel. • Green Burial: only biodegradable coffins made of wicker, bamboo, cardboard or solid unvarnished wood. No chipboard and MDF coffins are permitted. The standard grave provided at Kemnal Park accommodates most sizes of coffin and casket. However, in the case of a particularly large coffin or casket, it will be necessary to allocate a double grave space to enable the burial to take place, for which additional charges will be payable. Memorials Memorials must conform to the relevant standards set by the National Association of Memorial Masons (NAMM) or the British Register of Accredited Memorial Masons (BRAMM) for each type of grave, (which relate to design, size and methods of fixing), and memorials may only be erected / installed by a person who is qualified by either NAMM or BRAMM. Subject to the type of grave selected, it may be necessary to allow a period of 12 months to pass following a burial before a memorial can be erected upon a grave. The details of each proposed memorial must be submitted to the Manager using the Memorial Application Form. No memorial may be erected / installed without prior written approval by the Manager. The grave reference must be inscribed on the rear of each memorial. Kemnal Park can accept no responsibility for loss or damage to memorials. The maintenance and insurance of the memorial is the responsibility of the grantee of the exclusive burial rights and the Manager will be pleased to advice on suitable insurance. The Manager has the right to remove and dispose of any memorial which does not conform to its description on the Memorial Application Form or which is erected without the prior written approval of the Manager or becomes unstable or dilapidated; subject to the Manager giving one month’s written notice of the intention to do so to the registered holder of the exclusive burial rights at their last known address. Following removal the manager will retain the memorial for 3 months only, pending collection by the person(s) entitled to it, after which if unclaimed it will be disposed of by the Manager in such manner as it shall think fit and no compensation of any sort will be payable by the Manger for such removal or disposal. When a grave is excavated, it may be necessary to temporarily remove one or more memorials of adjacent grave(s) to enable access to the grave. In such circumstances, the affected memorial(s) will be replaced immediately following the funeral. Grounds maintenance The maintenance of Kemnal Park, including the cutting of all grass areas and the excavation of graves is the responsibility of the Manager and may only be undertaken by the Manager or its nominated agent. Kemnal Park reserves the right to access all areas of the cemetery to undertake maintenance and grave digging operations. Following a burial, the grave will be backfilled and any floral tributes placed carefully over the grave. All floral tributes , including plastic bases and ‘oasis’, will be removed and disposed of by the Manager 5 days after the funeral or when they have weathered, whichever is earlier. All tribute cards left on the grave will be disposed of at this point. Following each burial in an earth grave, the ground will settle over a period of months. Kemnal Park will routinely top up the level of any grave that sinks in this way. Subject to the specific terms and conditions for the grave concerned, the owner of the exclusive burial rights in a grave may plant and cultivate suitable, low-growing plants or place cut flowers within a specified area of the grave. The Manager may from time to time remove plants, cut flowers, wreaths or other such items in the interests of maintaining the site to the highest standards. If required, the Manager can plant and maintain individual graves on behalf of and at the cost of the registered holder of the exclusive burial rights. The charges for this service are available on request. When a grave is excavated for a second or subsequent burial, it may be necessary to remove the memorial upon the grave to enable safe excavation. It is the responsibility of the registered holder of the exclusive burial rights in the grave to arrange for the memorial to be removed and replaced upon the grave after a suitable period has elapsed to allow for the settlement of the backfilled ground. When a grave is excavated, it may be necessary temporarily to place excavated material on top of adjacent graves. In such circumstances, the surface and memorial of affected graves will be protected and the excavated material will be removed immediately following the funeral. D. Licences to Place a Memorial (Benches/Bird boxes/Plaques etc.) A memorial placed in accordance with a Licence to Place a Memorial (Licence) must satisfy the relevant criteria and be sited in the location identified in the Licence. Any inscription or other identifying feature of a proposed memorial must be submitted to the Manager prior to its installation for the Manager’s written approval. The memorial reference must be inscribed on each memorial. Neither the Manager nor the Owner can accept responsibility for loss or damage to memorials. The maintenance and insurance of the memorial is the responsibility of the Licensee and the Manager will be pleased to advise on suitable insurance. The Manager has the right to remove and dispose of any memorial: which is erected without the prior written approval of the Manager; which does not conform to the relevant criteria for that type of memorial as specified in the Licence; which has an inscription or identifying feature that was not approved in writing by the manager prior to its installation; which becomes unstable or dilapidated; or when the Licence period relating to that memorial comes to an end. Prior to exercising this right the Manager will give one month’s written notice of the intention to do so to the registered holder of the relevant Licence at their last known address. Following removal the manager will retain the memorial at the Administration Office for 3 months only, pending collection by the person(s) entitled to it, after which if unclaimed it will be disposed of by the Manager in such manner as it shall think fit and no compensation of any sort will be payable by the Manger for such removal or disposal. E. Prices and Payment The prices charged for the grant of exclusive rights to all types of burial rights and graves are set out in the Kemnal Park Price List, which is available from the Manager. Payments due in relation to the initial grant of exclusive rights are payable immediately in full at the rate in force at the date of grant. Payments for burials and other services are payable in advance at the rate in force when the relevant service is provided. Extended payment Terms and Conditions are available on request. Unless other arrangements are agreed by Kemnal Park, payment for exclusive burial rights, and all goods and services must be received prior to any funeral service, burial or erection of a memorial in Kemnal Park. F. Visitor Regulations: Visitors are requested to contribute to the peaceful environment that Kemnal Park seeks to maintain in the cemetery by acting in a dignified and respectful manner at all times and to comply with the requirements of these Regulations and relevant Terms and Conditions. Opening and closing times Kemnal Park Grounds Kemnal Park is open to visitors on every day of the year, including Bank Holidays. The times of opening and closing vary according to season: June to August September to October November to March April to May 8.00 to 20.00 8:00 to 17:00 8.00 to 16.00 8:00 to 18:00 Administration Office The Administration Office is open: Monday to Friday Saturday Sundays and bank holidays 9:00 to 17:00 9:00 to 14:00 Closed Unless specifically authorised by the Manager, no one may enter or remain within Kemnal Park when the cemetery grounds are closed. Vehicles Private motor vehicles may use the roads within Kemnal Park, but must not exceed 10 mph and must not be driven off the official tarmacked roads at any time. Parking is available in the car park and allocated parking for disabled people is available near the Chapel. Buses and coaches must be parked in the car park provided. Cycling Cycles are permitted in Kemnal Park, but may only be ridden on the tarmacked roads and must not exceed a maximum of 5 mph. Skateboards Skateboards are not permitted within Kemnal Park Children Children under the age of 14 years may only visit Kemnal Park if accompanied and supervised by a responsible adult. Dogs and other domestic animals Dogs and other domestic animals are permitted within the grounds of Kemnal Park, but must at all times be kept on a lead and under the direct control of a responsible adult. Assistance dogs are permitted within the grounds of Kemnal Park including the Administration Office and Chapel Animals must not be allowed to disturb anyone or cause any damage. Any fouling must be cleared immediately and removed from Kemnal Park. Conduct In the interests of all visitors and staff, the Manager will not permit anyone to: • create any disturbance • commit any nuisance • interfere with, or act in a disrespectful manner towards, any burial taking place • interfere with any grave, vault, mausoleum, memorial, or any plants or trees • play any game or sport • consume alcohol or misuse of drugs • smoke, except in designated areas • use offensive or abusive language or assault any staff member or visitor • Dress in a manner which may be deemed offensive or unsuitable. Any person who fails to meet these reasonable standards of conduct will be asked to leave the Cemetery immediately and also may be subject to civil or criminal action. Responsibility for loss or damage Neither the Owner nor the Manager nor any of their staff will be in any way liable for any damage or loss of personal property within Kemnal Park howsoever caused. Complaints The staff of the Manager at Kemnal Park are available to assist you and will seek to ensure that the highest standards of service are achieved in the cemetery. If for any reason you consider that standards are not being met, please raise the matter in the first instance with the staff at the Administration Office. Kemnal Park’s Complaints Procedure is available from the Administration Office. Amendment of Regulations The Manager reserves the right to amend the Regulations from time to time in such manner as it may consider appropriate to comply with any changes to applicable statutory or other requirements or to ensure the safe appreciation and peaceful enjoyment of Kemnal Park for visitors and staff.