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Act of Sederunt (Fatal Accident Inquiry Rules) 2017

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Execution of commission and diligence

6.—(1) A participant executing a commission and diligence must—

(a)provide the commissioner with—

(i)a copy of the specification;

(ii)a copy of the first notice;

(iii)a copy of the first order; and

(iv)and a certified copy of the order containing the commissioner’s appointment; and

(b)instruct the clerk and any shorthand writer considered necessary by the commissioner or any participant; and

(c)be responsible for the fees of the commissioner and his or her clerk, and of any shorthand writer.

(2) The commissioner must, in consultation with the participants, fix a diet for the execution of the commission.

(3) The order granting such a commission and diligence is sufficient authority for citing a haver to appear before the commissioner.

(4) A citation in Form S5.6A must be intimated on the haver with a copy of the specification and, where necessary for a proper understanding of the specification, a copy of the first notice; and the participant citing the haver must lodge a certificate of citation in Form S5.6B.

(5) The participants and the haver are entitled to be represented by a solicitor or person having a right of audience before the sheriff at the execution of the commission.

(6) At the commission, the commissioner must-

(a)administer the oath de fideli administratione to any clerk and any shorthand writer appointed for the commission; and

(b)administer to the haver the oath or affirmation.

(7) The report of the execution of the commission and diligence, any document recovered and an inventory of that document, must be sent by the commissioner to the sheriff clerk.

(8) The sheriff clerk must intimate receipt of the documents to the participants not later than the day after the date on which such a report, document and inventory, if any, are received.

(9) No participant, other than the participant who intimated the order, may uplift such a document until after the expiry of 7 days after the date of intimation under subparagraph (8).

(10) Where the participant who intimated the order fails to uplift such a document within 7 days after the date of intimation under subparagraph (8), the sheriff clerk must intimate that failure to every other participant.

(11) Where no participant has uplifted such a document within 14 days after the date of intimation under subparagraph (10), the sheriff clerk must return it to the haver.

(12) Where a participant who has uplifted such a document does not wish to lodge it, that participant must return it to the sheriff clerk who must—

(a)intimate the return of the document to every other participant; and

(b)if no other participant uplifts the document within 14 days of the date of intimation, return it to the haver.

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