Search Legislation

Certification of Death (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

SCHEDULE 2MINOR AND CONSEQUENTIAL MODIFICATIONS

(introduced by section 30)

This schedule has no associated Explanatory Notes

Cremation Act 1902 (c. 8)

1(1)The Cremation Act 1902 is amended as follows.

(2)In section 7 (regulations as to burning)—

(a)the words from “and” where it fifth occurs to “place” where it second occurs are repealed,

(b)the words from “Each” to “prescribe” are repealed.

(3)After section 7 insert—

7AForms of documentation for burning

The Scottish Ministers may make regulations prescribing the forms of notices, certificates and applications to be given or made before the burning of any human remains is permitted to take place.

7BProcedure for regulations

A statutory instrument containing regulations under section 7 or 7A is subject to annulment in pursuance of a resolution of the Scottish Parliament..

(4)In section 8(1) (penalties for breach of regulations, &c), after “incur” insert “other than an offence under section 27A(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) (offence of disposal of body without authorisation)”.

Cremation Act 1952 (c. 31)

2In section 2(2) of the Cremation Act 1952 (procedure for regulations made under section 7 of the Cremation Act 1902) the words from “Any” to “and” are repealed.

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

3Section 21(5) of the 1965 Act (person having charge of place of interment to give notice of burial of still-born child without certificate) is repealed.

4In section 24 of the 1965 Act (certificate of cause of death), after subsection (1), insert—

(1A)A registered medical practitioner may, where invited to do so under section 10(2)(b) or 11(6) of the 2011 Act (action following unsatisfactory review), attest and transmit a replacement certificate to a medical reviewer or, as the case may be, the senior medical reviewer..

5Section 27(2) and (3) of the 1965 Act (transmission of certificate of registration) is repealed.

6In section 56(1) of the 1965 Act (interpretation)—

(a)before the entry for “birth” insert—

  • “the 2011 Act” means the Certification of Death (Scotland) Act 2011 (asp 11);,

(b)after the entry for “local authority” insert—

  • “medical reviewer” means a person appointed under paragraph 7A(1) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);,

(c)after the entry for “relative” insert—

  • “senior medical reviewer” means a person appointed under paragraph 7A(2) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources