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This is the original version (as it was originally enacted).

6Sheriff's determination etc.

(1)At the conclusion of the evidence and any submissions thereon, or as soon as possible thereafter, the sheriff shall make a determination setting out the following circumstances of the death so far as they have been established to his satisfaction—

(a)where and when the death and any accident resulting in the death took place;

(b)the cause or causes of such death and any accident resulting in the death ;

(c)the reasonable precautions, if any, whereby the death and any accident resulting in the death might have been avoided;

(d)the defects, if any, in any system of working which contributed to the death or any accident resulting in the death; and

(e)any other facts which are relevant to the circumstances of the death.

(2)The sheriff shall be entitled to be satisfied that any circumstances referred to in subsection (1) above have been established by evidence, notwithstanding that that evidence is not corroborated.

(3)The determination of the sheriff shall not be admissible in evidence or be founded on in any judicial proceedings, of whatever nature, arising out of the death or out of any accident from which the death resulted.

(4)On the conclusion of the inquiry—

(a)the sheriff clerk shall send to the Lord Advocate a copy of the determination of the sheriff and, on a request being made to him, send to any Minister or Government Department or to the Health and Safety Commission, a copy of

(i)the application made under section 1 of this Act;

(ii)the transcript of the evidence ;

(iii)any report or documentary production used in the inquiry;

(iv)the determination of the sheriff, and

(b)the procurator fiscal shall send to the Registrar General of Births, Deaths and Marriages for Scotland the name and last known address of the person who has died and the date, place and cause of his death.

(5)Upon payment of such fee as may be prescribed in rules made under paragraph (i) of section 7(1) of this Act, any person—

(a)may obtain a copy of the determination of the sheriff;

(b)who has an interest in the inquiry may, within such period as may be prescribed in rules made under paragraph (f) of the said section 7(1), obtain a copy of the transcript of the evidence, from the sheriff clerk.

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