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Further inquiry proceedingsS

33Re-opened inquiriesS

(1)Sections 15 to 18 apply in relation to a re-opened inquiry into the death of a person as they apply in relation to any other inquiry, subject to subsections (2) to (4).

(2)The sheriff must, when making the order under section 32(6) re-opening the inquiry, also make an order under section 15(3) in relation to the re-opened inquiry (and section 15(1) (which requires the procurator fiscal to notify the sheriff that an inquiry is to be held) does not apply).

(3)The procurator fiscal must give notice of the re-opened inquiry under section 17(1), in addition to the persons mentioned in section 17(2), to any person not mentioned in that section—

(a)who was a participant in the original inquiry proceedings, or

(b)to whom a recommendation in the determination in those proceedings was addressed by virtue of section 26(5)(b).

(4)The notice required by section 17(1) and (3) must include notice of—

(a)the fact that the inquiry has been re-opened (and section 17(1)(a) does not apply), and

(b)the matters to which the new evidence relates.

(5)Evidence may be brought forward at a re-opened inquiry only if it relates to a matter to which the new evidence relates.

(6)But the sheriff may—

(a)require evidence to be brought forward about any other matter relating to the circumstances of the death, or

(b)on the application of the procurator fiscal or a participant in the inquiry, allow such evidence to be brought forward.

(7)In this section—

Commencement Information

I1S. 33 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 3, 5)