Location

I113Jurisdiction in relation to inquiries

1

Inquiry proceedings may be held in a sheriffdom whether or not there is a connection between the death, or any accident resulting in the death, to which the inquiry relates and the sheriffdom, and a sheriff of the sheriffdom accordingly has jurisdiction in relation to the proceedings.

2

The Lord Advocate is, after consulting the Scottish Courts and Tribunals Service, to choose the sheriffdom in which proceedings are to be held.

3

But the sheriff may make an order transferring the proceedings to a sheriff of another sheriffdom.

4

The sheriff may make an order under subsection (3) only—

a

after giving the procurator fiscal and the participants in the inquiry an opportunity to make representations about the proposed transfer, and

b

with the consent of—

i

the sheriff principal of the sheriffdom of which the sheriff is a sheriff, and

ii

the sheriff principal of the sheriffdom to which the sheriff proposes to transfer the proceedings.

5

The sheriff may make such an order—

a

on the sheriff's own initiative, or

b

on the application of the procurator fiscal or a participant in the inquiry.