Further inquiry proceedings

35Further inquiry proceedings: compliance with recommendations

(1)

This section applies where—

(a)

a determination (“the original determination”) made in an inquiry into the death of a person has been set aside under section 32(6)(a), and

(b)

the sheriff makes a determination (“the new determination”) in the re-opened inquiry or, as the case may be, the fresh inquiry into the death.

(2)

Section 28(1) does not apply in relation to a person to whom a recommendation is addressed in the new determination if a recommendation in the same terms was addressed to the person in the original determination.

(3)

Subsection (4) applies where—

(a)

a recommendation was addressed to a person in the original determination, but

(b)

a recommendation in the same terms is not addressed to the person in the new determination.

(4)

The Scottish Courts and Tribunals Service must withdraw from publication—

(a)

a response to the recommendation published under section 28(5)(a) or (b),

(b)

a notice published under section 28(5)(b) or (c) or (7) in relation to the recommendation.