Coronavirus Act 2020

Section 20

SCHEDULE 14 Review of medical certificates of cause of death and cremations: Scotland

PART 1 Review of medical certificates of cause of death

Interpretation

1 (1) In this Part of this Schedule—

• “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

• “the 2011 Act” means the Certification of Death (Scotland) Act 2011 (asp 11).

(2) Expressions used in this Part of this Schedule and in the 2011 Act have the same meanings as in that Act.

Power to suspend review of certain medical certificates of cause of death

2 (1) This paragraph applies at any time the Scottish Ministers are of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health, and

(b) the exercise of the powers conferred by this paragraph will be an effective means of expediting the disposal of bodies and better utilise medical resources.

(2) The Scottish Ministers may, by direction, suspend—

(a) the referral of medical certificates of cause of death for review under section 24A of the 1965 Act,

(b) the right of an interested person to apply for a review of a medical certificate of cause of death under section 4(1) of the 2011 Act, and

(c) the review of medical certificates of cause of death under section 8(1) of the 2011 Act.

(3) Before making a direction under sub-paragraph (2), the Scottish Ministers must consult the senior medical reviewer (or, if unavailable, the medical reviewer who is to perform the senior medical reviewer’s functions in such circumstances).

(4) A direction under sub-paragraph (2)—

(a) is to have effect until it is revoked by the Scottish Ministers making a direction to that effect;

(b) must suspend all of the matters in paragraphs (a) to (c) of that sub-paragraph;

(c) may be made on more than one occasion.

(5) The Scottish Ministers must—

(a) give a copy of any direction made under this paragraph to the Registrar General, and

(b) publish it in such manner as they consider appropriate.

Effect of direction on existing reviews referred under section 24A of the 1965 Act

3 (1) This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5, which—

(a) was referred for review under section 24A of the 1965 Act prior to a direction being made under paragraph 2(2), and

(b) has not been completed at the time the direction is made.

(2) The medical reviewer or, as the case may be, senior medical reviewer must—

(a) stop conducting the review, and

(b) notify the relevant registrar that the death may be registered.

Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act

4 (1) This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5—

(a) in respect of which an application was made under section 4(1) of the 2011 Act (other than one which has been rejected as vexatious under section 4(3) of that Act) prior to a direction being made under paragraph 2(2) of this Schedule, and

(b) which has not been completed at the time the direction is made.

(2) The medical reviewer or, as the case may be, senior medical reviewer must—

(a) pause the review until such time as the direction is revoked,

(b) notify the persons mentioned in section 13(3) of the 2011 Act of the pause, and

(c) notify the relevant registrar that the death may be registered (if it has not already been registered).

Automatic referral of medical certificates of the cause of death to procurator fiscal

5 (1) A review of a medical certificate of cause of death falls within this paragraph if—

(a) the review has not been completed at the time a direction under paragraph 2(2) is made, and

(b) the medical reviewer or, as the case may be, senior medical reviewer conducting the review considers that it may be appropriate to refer the certificate to the procurator fiscal for investigation into the cause of death of the deceased person to whom the certificate relates under section 11, 12 or 16 of the 2011 Act.

(2) Where a review falls within this paragraph, the medical reviewer or, as the case may be, senior medical reviewer must refer the certificate to the procurator fiscal for investigation into the cause of death of the deceased person to whom the certificate relates under section 11, 12 or 16 of the 2011 Act.

PART 2 Cremations

Interpretation

6 (1) In this Part of this Schedule—

• “the 2016 Act” means the Burial and Cremation (Scotland) Act 2016 (asp 20);

• “the 2019 Regulations” means the Cremation (Scotland) Regulations 2019 (S.S.I. 2019/36).

(2) Expressions used in this Part of this Schedule and in the 2016 Act have the same meanings as in that Act.

Application

7 This Part of this Schedule applies at any time the Scottish Ministers are of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health, and

(b) the exercise of powers conferred by this Part of this Schedule will be an effective means of expediting the disposal of bodies and better utilise resources.

Suspension of offence relating to signing of declaration

8 (1) The Scottish Ministers may determine that section 49 of the 2016 Act (offences relating to applications for cremation) is not to have effect in relation to signing the declaration in an application for cremation made under section 48(1) of the 2016 Act in accordance with the 2019 Regulations on or after such date as may be specified in the determination.

(2) A determination under sub-paragraph (1) may be revoked by the Scottish Ministers making a determination to that effect.

(3) The Scottish Ministers must publish any determination made under this paragraph in such manner as they consider appropriate.

Suspension of provisions relating to collection of ashes

9 (1) The Scottish Ministers may determine that the provisions listed in sub-paragraph (2) are to have no effect from such date as may be specified in the determination.

(2) The provisions are—

(a) section 53 of the 2016 Act (failure to collect ashes);

(b) section 54 of the 2016 Act (power of funeral director in relation to ashes);

(c) section 55 of the 2016 Act (duties of cremation authority where ashes returned);

(d) regulation 12(1), (2) and (3) of the 2019 Regulations;

(e) regulation 13(2), (3) and (4) of the 2019 Regulations.

(3) A determination under sub-paragraph (1) may be revoked by the Scottish Ministers making a determination to that effect.

(4) The Scottish Ministers must publish any determination made under this paragraph in such manner as they consider appropriate.

Retention of ashes during period provisions are suspended

10 (1) This paragraph applies where—

(a) a determination has been made under paragraph 9(1) and not been revoked, and

(b) a cremation authority or, as the case may be, funeral director is retaining ashes—

(i) in respect of which the wishes of the applicant as to how the ashes are to be dealt with are not known, or

(ii) that have not been collected.

(2) The cremation authority or, as the case may be, funeral director must retain the ashes until—

(a) the ashes are collected by the applicant (or by some other person in accordance with the applicant’s wishes), or

(b) the determination under paragraph 9(1) is revoked and the duties under paragraph 11 have been met.

Resumption of duties in relation to retained ashes after revocation

11 (1) This paragraph applies where—

(a) a determination under paragraph 9(1) is revoked, and

(b) a cremation authority or, as the case may be, funeral director is retaining ashes—

(i) in respect of which the wishes of the applicant as to how the ashes are to be dealt with are not known, or

(ii) that have not been collected.

(2) Irrespective of whether of any steps were taken to ascertain the wishes of the applicant in relation to the ashes prior to the revocation of the determination—

(a) a cremation authority must comply with the duties in section 53(2) of the 2016 Act or, as the case may be, section 55(2) of that Act as soon as reasonably practicable;

(b) a funeral director must comply with the duty in section 54(2) of the 2016 Act as soon as reasonably practicable.

(3) For the purposes of sub-paragraph (2)(a), the specified period in sections 53(2) and 55(2)(a) of the 2016 Act is to be a period of 4 weeks beginning with the date on which the determination under paragraph 9(1) was revoked.

Suspension of local authority duty to make enquiries as to surviving relatives

12 (1) This paragraph applies where—

(a) a determination has been made under paragraph 9(1) and not been revoked, and

(b) a local authority is making arrangements for a person’s remains to cremated under section 87 of the 2016 Act.

(2) In making an application under section 48(1) of the 2016 Act, the local authority may elect—

(a) not to take steps to ascertain how the ashes of the cremated person are to be disposed of at that time, and

(b) submit the application without making any declaration to that effect.

(3) Where the local authority makes such an election, it must retain the ashes until such time as—

(a) the determination is revoked, and

(b) the duty in sub-paragraph (4)(a) has been met.

(4) As soon as practicable after the revocation of the determination, the local authority must—

(a) take reasonable steps to ascertain whether there is a surviving relative, and

(b) if there is such a relative, in accordance with that relative’s wishes, direct the cremation authority to (as the case may be)—

(i) make the ashes available for collection,

(ii) dispose of the ashes in the manner indicated by the relative or in the specified manner, or

(iii) retain the ashes.

(5) Where the local authority is unable to identity a surviving relative or ascertain a relative’s wishes, it may direct the cremation authority to dispose of the ashes in accordance with the 2016 Act.

(6) Sub-paragraph (3) does not apply where a relative of the deceased person notifies the local authority of the way in which the ashes should be dealt with.