Delegating cemetery trust powers and functions under the new laws

From 1 July 2005, officers of the trust who were previously authorised under the Cemeteries Act 1958 to perform specific tasks are no longer authorised to do so. This means that each cemetery trust will need to meet to make an important administrative decision about delegating cemetery trust powers and functions to particular individuals within the trust.

Trusts will need to specifically delegate powers and functions to particular positions within the trust to ensure simple decisions can be taken by these people on a day-to-day basis. This is a once-off administrative process that is associated with the commencement of the new laws.

The information provided below is designed to assist your trust to make delegations, and explains in more detail what delegations are and what your trust needs to do to arrange these delegations. This information has been sent to all trust secretaries.

The information comprises three parts:

• Part A: Delegating Trust Powers and What You Need to Do provides general information that all trusts should refer to. It comprises background information about what delegating trust powers and functions means, why this process is necessary and provides an explanation of what an instrument of delegation is.

Part A: Delegating Trust Powers and What You Need to Do (31kb, pdf)

• Part B which should be read by small, volunte3 February, 2009usts about what they should do in terms of process, to arrange the delegations. It also includes a sample instrument of delegation for small trusts.