Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026

Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026

2026 asp 13

The Act

Overview

Part 2: Certification of death and authorisation of cremation or hydrolysis

Section 19: Certification of death

94. This section amends sections 4 (application for review of certificate by interested person) and 8 (review of medical certificates of cause of death) of the Certification of Death (Scotland) Act 2011 (“the 2011 Act”).

95. Section 4(1) of the 2011 Act allows an interested person (see section 4(5) of the 2011 Act for the meaning of that term) to apply to a medical reviewer for a review of an eligible medical certificate of cause of death. Under section 8(1)(b) of the 2011 Act, a medical reviewer must review any certificate in respect of which an application has been made under section 4(1) of the 2011 Act. Section 4(6) of the 2011 Act defines “eligible medical certificate of cause of death” as excluding certain certificates.

Certificate that has been referred under section 24A of the 1965 Act

96. Section 4(6)(b) of the 2011 Act excludes from the definition of “eligible medical certificate of cause of death” a certificate that has been referred under section 24A of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (“the 1965 Act”). Section 24A of the 1965 Act—

• requires the Registrar General to refer randomly selected certificates (subsection (1)),

• requires the Registrar General to refer certificates requested by medical reviewers (subsection (2)), and

• allows a district registrar for a registration district to refer a certificate where the district registrar considers it appropriate to do so (subsection (3)).

97. Section 19(2)(c) of the Act removes paragraph (b) of section 4(6) of the 2011 Act. The effect is that certificates that have been subjected to a review following referral under section 24A of the 1965 Act count as an eligible medical certificate of cause of death. Therefore, the certificate can subsequently be subject to review on an application by an interested person.

Certificate that has been, or is being, reviewed under section 8(1) of the 2011 Act

98. Section 4(6)(c) of the 2011 Act excludes from the definition of “eligible medical certificate of cause of death” a certificate that has already been, or is being, reviewed under section 8(1) of the 2011 Act following an application made by an interested person under section 4(1) of the 2011 Act.

99. Section 19(2)(c) of the Act removes paragraph (c) of section 4(6) of the 2011 Act so that more than one review can be carried out under section 4 of the 2011 Act. This may be considered appropriate by a medical reviewer, for example, where new evidence has come to light.

Medical reviewers’ power to reject application for review

100. Section 4(3) of the 2011 Act allows a medical reviewer to reject an application for a review of an eligible medical certificate of cause of death under section 4(1) of the 2011 Act where the medical reviewer considers the application to be vexatious.

101. Section 19(2)(a) and (3) of the Act expand a medical reviewer’s discretion to reject an application so that the medical reviewer may reject an application if the medical reviewer—

• considers the application to be identical to, or substantially the same as, an application relating to a certificate that has been or is being reviewed under section 8(1)(b) of the 2011 Act, or

• considers it otherwise appropriate to do so.

102. Section 19(2)(b) of the Act inserts new subsection (3A) into section 4 of the 2011 Act. This new subsection requires a medical reviewer who rejects an application to give the applicant the reason for the rejection.