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Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

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This is the original version (as it was originally enacted).

3Holding of public inquiry

(1)On an application under section 1 of this Act being made to him, the sheriff shall make an order—

(a)fixing a time and place for the holding by him of an inquiry under this Act (hereafter in this Act referred to as "the inquiry"), which shall be as soon thereafter as is reasonably practicable in such courthouse or other premises as appear to him to be appropriate, having regard to the apparent circumstances of the death; and

(b)granting warrant to cite witnesses and havers to attend at the inquiry at the instance of the procurator fiscal or of any person who may be entitled by virtue of this Act to appear at the inquiry.

(2)On the making of an order Wider subsection (1) above, the procurator fiscal shall—

(a)intimate the holding of the inquiry and the time and place fixed for it to the wife or husband or the nearest known relative and, in a case where the inquiry is being held in respect of such a death as is referred to in section1(1)(a)(i) of this Act, to the employer, if any, of the person whose death is the subject of the inquiry, and to such other person or class of persons as may be prescribed in rules made under section 7(1)(g) of this Act; and

(b)give public notice of the holding of the inquiry and of . the time and place fixed for it.

(3)Where an application under section 1 of this Act relates to more than one death, the order made under subsection (1) above shall so relate ; and in this Act references to a death shall include references to both or all deaths or to each death as the case may require, and in subsection (2)(a) above the reference to the person whose death is the subject of the inquiry shall include a reference to each person whose death is the subject of the inquiry.

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