Certification of Death (Scotland) Act 2011

4 Application for review of certificate by interested person S

(1) An interested person may apply to a medical reviewer for a review under section 8(1) of an eligible medical certificate of cause of death.

(2) An application under subsection (1)—

(a) may relate to a certificate in respect of which the death has been registered,

(b) must be made within three years of the date of death of the deceased person to whom the certificate relates.

(3) Where the medical reviewer considers an application under subsection (1) to be vexatious, the medical reviewer may reject it.

(4) A medical reviewer must notify the Registrar General of an application received under subsection (1) (other than one which is rejected under subsection (3)).

(5) For the purposes of subsection (1), an interested person is—

(a) a person who, under the 1965 Act, is required or stated to be qualified to give information concerning the deceased's death,

(b) a health care professional (or other carer) who was involved with the deceased's care prior to the deceased's death,

(c) the funeral director responsible for the funeral arrangements of the deceased,

(d) the person having charge of the place of disposal of the body of the deceased,

(e) such other persons as the Scottish Ministers may by order specify.

(6) For the purposes of subsection (1), an eligible medical certificate of cause of death is a medical certificate of cause of death other than—

(a) a certificate relating to a body in respect of which a direction has been given by a Health Board under section 90(2) of the Public Health etc. (Scotland) Act 2008 (asp 5) (restrictions on release of infected etc. bodies from hospital),

(b) a certificate which has been referred under section 24A of the 1965 Act (duty to refer certain certificates of cause of death for review),

(c) a certificate which has already been (or is being) reviewed under section 8(1) following an application made under subsection (1),

(d) a certificate which is a replacement certificate attested and transmitted in response to an invitation to do so under section 10 or 11,

(e) a certificate where the cause of death of the deceased person has been (or is being) investigated by a procurator fiscal,

(f) a certificate attested prior to the coming into force of this section.

(7) The Scottish Ministers may by order suspend the application of this section—

(a) during an epidemic, or

(b) where the Scottish Ministers consider, on reasonable grounds, that it is necessary to do so to prevent, or to prevent the spread of, infectious diseases or contamination.

(8) The Scottish Ministers may by regulations make provision about applications under subsection (1) including, in particular, provision about—

(a) the procedure for making applications,

(b) the form and content of applications,

(c) the action to be taken by medical reviewers in respect of applications.

Modifications etc. (not altering text)

C1 S. 4(1): power to suspend conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 14 para. 2 (with ss. 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90))

Commencement Information

I1 S. 4(1)-(7) in force at 13.5.2015 by S.S.I. 2015/115, art. 3

I2 S. 4(8) in force at 25.3.2015 for specified purposes by S.S.I. 2015/115, art. 2, Sch.

I3 S. 4(8) in force at 13.5.2015 in so far as not already in force by S.S.I. 2015/115, art. 3