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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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3Mandatory inquiries: exceptions

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(1)The Lord Advocate may decide that an inquiry is not to be held into the death of a person within section 2(3) or (4) if satisfied that the circumstances of the death have been sufficiently established during the course of proceedings of a kind mentioned in subsection (2).

(2)The proceedings referred to in subsection (1) are—

(a)criminal proceedings,

(b)an inquiry under section 17(2) of the Gas Act 1965 (accidents),

(c)an inquiry under section 14(2A) of the Health and Safety at Work etc. Act 1974 (power of the Health and Safety Executive to direct investigations and inquiries),

(d)an inquiry under section 1 of the Inquiries Act 2005 (power to establish inquiry),

(e)an inquiry under section 85(1) of the Energy Act 2013 (inquiries).

(3)But subsection (1) does not apply if—

(a)at the time of death, the person was required to be detained in service custody premises, and

(b)the proceedings referred to in that subsection are an inquiry under section 1 of the Inquiries Act 2005.

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