Search Legislation

Certification of Death (Scotland) Act 2011

Status:

This is the original version (as it was originally enacted).

SCHEDULE 1STATUS AND APPOINTMENT OF MEDICAL REVIEWERS

(introduced by section 1)

Explanatory NotesShow EN

1Schedule 5A to the 1978 Act (Healthcare Improvement Scotland) is amended as follows.

2After paragraph 7 insert—

Medical reviewers

7A(1)HIS must appoint persons employed under paragraph 7(5) to exercise the functions of medical reviewers; and when doing so those employees are to be known as medical reviewers.

(2)HIS must appoint a person employed under paragraph 7(5) to exercise the functions of the senior medical reviewer; and when doing so that employee is to be known as the senior medical reviewer.

(3)A person appointed as a medical reviewer or the senior medical reviewer must—

(a)be a medical practitioner;

(b)have been so throughout the 5 years prior to appointment; and

(c)have such other qualifications, training and experience as may be specified by regulations.

(4)A member of HIS may not exercise the functions of—

(a)a medical reviewer; or

(b)the senior medical reviewer.

(5)An employee of HIS (other than a medical reviewer) may not exercise any function of a medical reviewer other than those under section 17.

(6)An employee of HIS (other than the senior medical reviewer) may not exercise the functions of the senior medical reviewer (except by virtue of arrangements made under paragraph 11(2C)).

(7)An appointment as a medical reviewer or the senior medical reviewer does not affect the appointed person’s status as employed under paragraph 7(5)..

3In paragraph 11 (delegation of functions)—

(a)in sub-paragraph (1), for “and” where it first occurs substitute “to”,

(b)after sub-paragraph (2) insert—

(2A)HIS may authorise an employee to carry out the functions of a medical reviewer under section 17.

(2B)Any other function conferred on a medical reviewer or the senior medical reviewer may not, subject to sub-paragraph (2C), be delegated by HIS.

(2C)The senior medical reviewer may, with the approval of HIS, make arrangements for the functions of the senior medical reviewer to be carried out by a medical reviewer where the senior medical reviewer is absent or otherwise unavailable..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources