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Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is up to date with all changes known to be in force on or before 11 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Textual Amendments
F1Sch. A1 inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 11 para. 3(2) (with s. 61)
1(1)This paragraph applies to an inquiry into a death that resulted directly from the Troubles if it was initiated before 1 May 2024, unless, on that day, the only part of the inquiry that remains to be carried out is the sheriff making the determination required by section 26, or something subsequent to that.
(2)On and after that day, the sheriff must not progress the conduct of the inquiry.
(3)As soon as practicable on or after that day, the sheriff must discontinue the inquiry.
(4)If this paragraph applies to an inquiry—
(a)on and after 1 May 2024, the procurator fiscal must not progress conduct of the investigation into that death required by section 1(1)(a), and
(b)as soon as practicable on or after that day, the procurator fiscal must discontinue the investigation (if it has been begun).
(5)Section 1(1) (procurator fiscal to investigate death and arrange inquiry) and section 1(2) (sheriff to conduct inquiry) are subject to this paragraph.
2On and after the day the day on which paragraph 3 of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force—
(a)the Lord Advocate must not exercise the functions conferred by section 4, 6 or 7 so as to cause an inquiry to be held into any death that resulted directly from the Troubles;
(b)the procurator fiscal must not give the sheriff notice under section 15(1) that an inquiry is to be held into any death that resulted directly from the Troubles; and
(c)further inquiry proceedings must not be held in accordance with section 30(2) in relation to a death that resulted directly from the Troubles.
3(1)For the purposes of this Schedule a death “resulted directly from the Troubles” if—
(a)the death was wholly caused by physical injuries or physical illness, or a combination of both, that resulted directly from of an act of violence or force, and
(b)the act of violence or force was conduct forming part of the Troubles.
(2)In this paragraph “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).
(3)For the purposes of this Schedule an inquiry is “initiated” by the procurator fiscal giving the sheriff notice under section 15(1) that the inquiry is to be held.]
(introduced by section 36(6))
1(1)The Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 is amended in accordance with this paragraph.S
(2)In subsection (1) of section 2 (functions of the Council)—
(a)before paragraph (c) insert—
“(bb)to review the practice and procedure followed in inquiry proceedings under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,”,
(b)in paragraph (c), after sub-paragraph (ia) insert—
“(ib)draft inquiry procedure rules,”.
(3)After subsection (6A) of that section insert—
“(6B)For the purposes of this Part, “draft inquiry procedure rules” are draft rules prepared with a view to the making by the Court of Session of an act of sederunt under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.”.
(4)In section 4 (Court of Session to consider rules)—
(a)in subsection (1), after “draft fees rules” insert “ or draft inquiry procedure rules ”,
(b)in subsection (2), after “draft fees rules” insert “ or draft inquiry procedure rules ”,
(c)in subsection (3), after paragraph (b) insert—
“(c)under section 36(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.”.
(5)In section 16 (interpretation of Part 1), after the entry relating to draft civil procedure rules insert—
““draft inquiry procedure rules” has the meaning given in section 2(6B),”.
(introduced by section 39(2))
1SIn the Gas Act 1965, section 17(4) (accidents) is repealed.
Commencement Information
I1Sch. 2 para. 1 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
2(1)The Health and Safety at Work etc. Act 1974 is amended in accordance with this paragraph.S
(2)Section 14(7) (power of the Health and Safety Executive to direct investigations and inquiries) is repealed.
(3)In section 34(1) (extension of time for bringing summary proceedings), for paragraph (d) substitute—
“(d)an inquiry into any death that may have been so caused is held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,”.
Commencement Information
I2Sch. 2 para. 2 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
3SIn schedule 3 of the Oil and Gas (Enterprise) Act 1982, paragraph 34 is repealed.
Commencement Information
I3Sch. 2 para. 3 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
4SIn section 4(6) of the Anatomy Act 1984 (lawful examinations), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I4Sch. 2 para. 4 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
5(1)The Merchant Shipping Act 1995 is amended in accordance with this paragraph.S
(2)In section 108(6)(a)(iii) (returns of births and deaths in ships, etc.), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
(3)In section 271(6)(c) (inquiries into deaths of crew members and others), for “enquiry is to be held under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976” substitute “ inquiry is to be held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I5Sch. 2 para. 5 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
6SIn schedule 4 of the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, paragraph 10 is repealed.
Commencement Information
I6Sch. 2 para. 6 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
7SIn schedule 4 of the Petroleum Act 1998, paragraph 9 is repealed.
Commencement Information
I7Sch. 2 para. 7 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
8SIn section 31(1)(i) of the Freedom of Information Act 2000 (law enforcement), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I8Sch. 2 para. 8 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
9SIn schedule 4 of the Scottish Public Services Ombudsman Act 2002, in paragraph 2(2), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I9Sch. 2 para. 9 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
10(1)The Freedom of Information (Scotland) Act 2002 is amended in accordance with this paragraph.S
(2)In section 34(2)(a) (investigations by Scottish public authorities and proceedings arising out of such investigations), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
(3)In section 37(3) (court records, etc.), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I10Sch. 2 para. 10 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
11(1)The Police, Public Order and Criminal Justice (Scotland) Act 2006 is amended in accordance with this paragraph.S
(2)In section 33A(b)(ii) (general functions of the Police and Investigations Review Commissioner), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
(3)In section 41B(2)(b)(ii) (serious incidents involving the police), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
(4)In section 41C(2)(b)(ii) (investigation of matters in the public interest), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I11Sch. 2 para. 11 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
12SIn section 14(9) of the Scottish Commission for Human Rights Act 2006 (power to intervene), for “Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14)” substitute “ Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I12Sch. 2 para. 12 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
13SIn schedule 16 of the Armed Forces Act 2006, paragraph 72 is repealed.
Commencement Information
I13Sch. 2 para. 13 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
14SIn the Coroners and Justice Act 2009, section 50 (amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976) is repealed.
Commencement Information
I14Sch. 2 para. 14 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
15(1)The Energy Act 2013 is amended in accordance with this paragraph.S
(2)In section 85 (inquiries), subsections (7) and (8) are repealed.
(3)In schedule 10 (provisions relating to offences), in paragraph 3(1)(d), for “a public inquiry under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976” substitute “ an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 ”.
Commencement Information
I15Sch. 2 para. 15 in force at 15.6.2017 by S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
16(1)Paragraph 13 of schedule 9 of the Tribunals (Scotland) Act 2014 (transitional and consequential) is amended in accordance with this paragraph.S
(2)In sub-paragraph (2)(b)(ii), in the inserted text, for “(ii)” substitute “ (iza) ”.
(3)In sub-paragraph (4), in the inserted text, for “(7)” substitute “ (6ZA) ”.
(4)In sub-paragraph (9), in subsection (1) of inserted section 13A, for “(c)(ii)” substitute “ (c)(iza) ”.
(5)In sub-paragraph (10)(b), in the inserted text, for “2(7)” substitute “ 2(6ZA) ”.
Commencement Information
I16Sch. 2 para. 16 in force at 1.9.2016 by S.S.I. 2016/196, reg. 2(h)
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