The mason registration scheme aims to establish a uniform standard of workmanship and working practices throughout all of the Council’s cemeteries and graveyards.
The scheme will address the standards required for
- repair and maintenance of memorials, both new and existing,
- insurance cover
- health and safety requirements
- administrative requirements
with a view to producing a common approach at every cemetery or graveyard under the Council’s management. Through the adoption of this scheme it is the intention to identify and promote the best practice of the industry by all registered participants .
This Council is presently preparing an audit and survey report on the current condition of all Council cemeteries and graveyards. The survey will identify memorials that require attention to meet Health and Safety requirements and also establish a routine inspection procedure to ensure that the future condition of cemeteries is monitored. The registration scheme will support this initiative by ensuring that memorial masons working within Council cemeteries will operate to the highest standards of workmanship and competence. The establishment of this scheme will promote a partnership which will encourage formal and informal communication, long term working relationships, innovation and development initiatives between all registered parties. The Council’s ultimate objectives are to ensure that the Council’s cemeteries and graveyards meet all Health and Safety standards and are safe environments for working in or visiting.
Scope of the scheme
The scheme will be available to any memorial mason who presently works, or intends to work, within the Council’s cemeteries or graveyards.
Following the implementation of the scheme those memorial masons not registered under this scheme will not be permitted to work within any cemetery or graveyard under the management of the Council.
Administration of the scheme
The scheme will be administered by the Council or its appointee, thereafter known as the Scheme Administrator.
Requirements of the scheme
All registered participants to the scheme will be expected and obliged to adhere to the following basic requirements. These are the minimum acceptable requirements of the Council and may be up-dated from time to time. Memorial masons are welcome to exceed these requirements and will be encouraged to propose suggestions or ideas which they believe will improve or enhance the scheme. Any suggestions or ideas adopted by the Council will be applied equally to all registered participants.
Memorial masons who have been barred from performing work in any cemetery, whether in the Council’s area or elsewhere, within the previous Two Years (2 years) may be ineligible to join the scheme. In these instances each case will be considered individually and membership offered, or withheld, at the discretion of the Scheme Administrator. Memorial masons must submit details of such disciplinary actions with their application to join the scheme. Failure to disclose details of disciplinary actions, which subsequently come to the attention of the Scheme Administrator, may result in the immediate expulsion from the Registration Scheme and the imposition of an immediate ban on working within the Council’s cemeteries and graveyards for a period of Two Years (2 years).
All participants to the scheme shall incur an Annual Registration Fee of £43.00 to contribute to the administration costs of the scheme. The date of annual registration will be 1st April of each year.
Payment of the membership fee for the Registration Scheme shall be submitted with the application to participate in the scheme. If successful, a registration Certificate/s will be provided which should be clearly displayed on all works vehicles entering and working within Stirling Council’s cemeteries. In the event of an application being refused, the membership fee will be returned to the applicant.
Every participant on the Registration Scheme shall be insured for Public Liability to the value of Five Million Pounds (£5,000,000) for any one incident.
Workmanship, Materials and Construction
Every participant shall guarantee each individual memorial in respect of workmanship, memorial materials and memorial construction for the full replacement value of the memorial for a period of Thirty Years (30 years), this guarantee should include and detail the Council’s interest.
All memorial masons registering on the scheme must be able to demonstrate an acceptable standard of workmanship, to the approval of the Registration Scheme’s Administrator. Memorial masons and their staff shall be suitably qualified, experienced and competent to perform all works necessary when erecting, dismantling and repairing memorials to meet current industry and statutory Health and Safety requirements and guidelines.
The standard of workmanship will be evidenced by qualifications obtained from an accreditation scheme operated by a recognised industry body, for example the National Association of Memorial Masons (NAMM), although in-house company schemes will be recognised if meeting the required standards. A letter detailing the qualification and experience of each contractor should accompany application for Registration and, where available, trade references
Registration Scheme Compliance
Each memorial mason signing the ‘Agreement to the Memorial Mason Registration Scheme’ included in these documents will be deemed to have agreed to comply with the following:
Civic Government (Scotland) Act 1982
Management Rules for Cemeteries – (Where such rules are in place)
NAMM Code of Working Practice (Latest Relevant Edition)
Health and Safety at Work Act 1974
The Council Safety Policy and Risk Assessment Scheme
Memorial Masons registration Scheme
All other relevant statutory requirements.
Procedures for the Erection of Memorials
All memorials installed by the participants of this scheme must fully comply with all of the Council’s standard administration and operational procedures.
Application to Erect a Memorial
All memorials installed within the Council cemeteries must first be approved by the Scheme Administrator. The Scheme Administrator for all of the cemeteries can be contacted as follows:Stirling Council
Telephone: 0845 277 7000
Fax: 01786 448329
Applications must be submitted on an official Form (Cem 6) and will detail the following:
- Contact Details of Memorial Mason
- Name, Address, Section and Lair Number of the Cemetery
- Name and Address of the Lair Owner or Applicant
- Signature of Lair Owner or Applicant
- Memorial Inscription
- Memorial Details:Material
- SizeFixing Methods
- Date of installation
- Drawing of Memorial
- Lair Certificate
Erection of Memorials
Memorials must not be erected unless the Application to Erect a Memorial has been approved, and a Permit to Erect issued in writing. Work will not commence until a minimum of 14 working days after the issue of the Permit to Erect, or the construction of the requisite foundation. The memorial mason shall give the Scheme Administrator a clear indication of his programme to erect the memorial, especially the date and where possible the time, to allow monitoring of the operation and to ensure the foundation is prepared.
All memorials shall be erected to conform to the Specifications detailed in this Agreement.
Following the erection of a memorial it should be noted that they will be subject to inspection at least every Five Years (5 years) to ensure Health and Safety requirements are met.
Inspection of Memorials
The Scheme Administrator, or other Council staff, may inspect the erection of a memorial either, as the work proceeds, or shortly after the work is completed. Where work is found to be unacceptable, either not conforming to these specifications or for any other reason, the Scheme Administrator will instruct the memorial mason to return and rectify the work to meet the Council’s standards. The standard of works should comply within the NAMM inspection procedures and inspection should withstand a combined manual and mechanical test.
Post Work Inspection
The Scheme Administrator, or other Council staff, may inspect a memorial following erection either, as part of routine maintenance, or in response to a complaint from the public or Council staff. Where work is suspected of being unacceptable, either not conforming to these specifications or for any other reason, the Scheme Administrator, (having secured the necessary consents) may instruct the memorial mason to dismantle their work in order to verify compliance with the scheme’s standards. In the event that work does not meet the required standards the memorial mason will re-erect the work to the appropriate standards, the costs of dismantling and re-erection in these circumstances being their responsibility. In the event that the work complies with the required standards, the costs of dismantling and re-erection will be the responsibility of the Council.
If, for any reason, the memorial mason refuses to co-operate with these post work inspections the Scheme Administrator shall have the right to employ a third party (a qualified memorial mason registered under the scheme) to perform the work. In these circumstances, whether the work complies, or fails to comply with the scheme standards the cost will be the responsibility of the mason originally installing the memorial. In the circumstances where there is a refusal to co-operate by a memorial mason, they will become eligible for action under stage 2 of the Disciplinary Procedures of the scheme.
From time to time the Council may require tenders to be submitted for a range of memorial work, including inspection, repair, removal and replacement of memorials. Memorial masons registered under this scheme shall be eligible for registration on all such lists.
To ensure that the Council standards are maintained and that all participants to the Registration Scheme are operating uniformly to these standards the Scheme Administrator will operate a disciplinary procedure which shall be applied fairly to all participants of the scheme.
The disciplinary procedure will be based on the Rules of this Registration Scheme and the Specification according to the following stages:
- Stage 1 :Minor Breach of the Rules or Specification A minor breach of the Rules or Specification will result in a Verbal Warning given by the Scheme Administrator, assuming the breach is corrected timeously. A Verbal Warning shall be maintained on the memorial mason’s record for a period of Twelve Months (12 months) then, if no further breaches occur, the warning will be removed from the record.
- Stage 2:Breach of the Rules or Specification A breach of the Rules or Specification will result in a Written Warning issued by the Scheme Administrator, assuming the breach is corrected timeously. A Written Warning shall be maintained on the memorial mason’s record for a period of Eighteen Months (18 months) then, if no further breach occurs, the warning will be removed from the record.
- Stage 3:Subsequent Breach of the Rules or Specification If, during the 18 month period, imposed by Stage 2, another breach of the Rules or Specification is committed, or the original Stage 2 breach is not rectified timeously or to the satisfaction of the Scheme Administrator this will result in the issuance of a Final Written Warning. A Final Written Warning shall be maintained on the memorial mason’s record for a period of Thirty Six Months (36 months) then, if no further breach occurs, the warning will be removed from the record.
Certain circumstances shall be considered Gross Misconduct and will not be subject to the above stages of the disciplinary procedure. The Scheme Administrator will decide, at their discretion, the instances of Gross Misconduct. The following list – though not exhaustive – will be considered as Gross Misconduct:
- Installation or erection of a memorial not approved by the Scheme Administrator.
- Refusal to rectify an error in the installation or erection of a memorial when instructed to do so by the Scheme Administrator.
- Abusive or aggressive behaviour to any Council staff or members of the public.
- Failure to adhere to the Council Cemetery Management Rules or the Conditions of Permit Application.
Exclusion from the Registration Scheme
Exclusion from the Registration Scheme will result when memorial masons are found guilty of Gross Misconduct or commit a further breach of the Rules or Specification whilst the 36 month term, as described in Stage 3, is in effect. An exclusion from the Registration Scheme will be for a period of Two Years (2 years), during this period a memorial mason will be forbidden to undertake any work whatsoever within the Council’s cemeteries and graveyards. In instances of exclusion for Gross Misconduct the Scheme Administrator may consider advising other local authorities of the circumstances, at their discretion.
Re-registration to the Scheme following an Exclusion
Any memorial mason re-registering on the Registration Scheme following exclusion will be monitored for a period of Eighteen Months (18 months). A memorial mason committing any breach of the Rules or Specifications, or an act of Gross Misconduct, during that period will be excluded from the Registration Scheme for an undetermined period, but not less than Thirty Six Months (36 months), at the discretion of the Scheme Administrator.
Disciplinary procedure appeal
A memorial mason not satisfied with treatment under the Disciplinary Procedures is entitled to appeal against any decision taken under these procedures. All appeals shall be made in writing within two weeks following the disciplinary decision, stating the reason for the appeal and only these reasons will be admissible at the appeal. The exception to this appeals process is in the circumstances of a memorial mason excluded on a second occasion, as described in the clause ‘Re-registration to the Scheme following an Exclusion’ above. In these instances an appeal will not be permitted for a minimum period of Thirty Six Months (36 months).
In the first instance an appeal will be heard by the Head of Service. In the event of a failure to reach a conclusion the memorial mason may make a Final Appeal, in writing, which will be heard by the Chief Executive of the Council.
Either party, the memorial masons or the Council, may jointly review the rules, requirements and performance of the Registration Scheme annually. Following the conclusion of a mutual review the Registration Scheme shall be required to re-register for a period of one further year.
All participants to the scheme may propose amendments to the scheme with a view to positive or innovative improvements. The Scheme Administrator shall conduct an initial appraisal of these proposed modifications and if these proposals appear, in the opinion of the Scheme Administrator, to indicate an improvement to the scheme, all participants will be advised on these proposals.
After consultation, all participants may mutually agree to omit any part of the Registration Scheme agreement, provide additional services or modify, temporarily or permanently, any part of the Registration Scheme agreement. Any modification must be confirmed in writing to all parties. Where such omissions, additions and modifications identify savings or financial advantages these shall be used to improve the quality of service, reduce costs or provide other benefits to the participants of the Scheme on mutual agreement and at the sole discretion of the Council. Any such changes shall be introduced at the next annual registration date.
No aspects or obligations of the Registration Scheme agreement may be assigned, subcontracted or transferred to a third party without the approval of the Scheme Administrator, confirmed in writing.
Payment of the membership fee for the Registration Scheme shall be submitted with the application to participate in the scheme. In the event of an application being refused, the membership fee will be returned to the applicant.