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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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This is the original version (as it was originally enacted).

35Further inquiry proceedings: compliance with recommendations

This section has no associated Explanatory Notes

(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.

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