Certification of Death (Scotland) Act 2011
| Jurisdiction | Scotland |
| Citation | 2011 asp 11 |
| Year | 2011 |
(1) Medical reviewers are to exercise the functions conferred on them by this Act or any other enactment on behalf of Healthcare Improvement Scotland.(2) The senior medical reviewer is to exercise the functions conferred on that person by this Act or any other enactment on behalf of Healthcare Improvement Scotland.(3) Schedule 1 (which makes further provision about the appointment and status of medical reviewers) has effect.After section 24 of the 1965 Act insert— The Registrar General must ensure that randomly selected certificates of cause of death are referred for review under section 8(1) of the 2011 Act prior to registration of the death to which each certificate relates.The Registrar General must ensure that certificates of cause of death of such descriptions as may be specified in a request by medical reviewers under section 3 of the 2011 Act are referred for review under section 8(1) of that Act.A district registrar for a registration district may refer for review under section 8(1) of that Act a certificate of cause of death where the district registrar considers it appropriate to do so.a certificate of cause of death 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) ,a certificate of cause of death which has already been referred under this section,a certificate of cause of death which has been (or is being) reviewed under section 8(1) of the 2011 Act following an application made under section 4(1) of that Act,a certificate of cause of death which is a replacement certificate attested and transmitted in response to an invitation to do so under section 10 or 11 of the 2011 Act,a certificate of cause of death where the cause of death of the deceased person has been (or is being) investigated by a procurator fiscal,a certificate of cause of death attested prior to the coming into force of this section.The Scottish Ministers may give directions to the Registrar General about the referral of certificates under this section; and the Registrar General must comply with any such direction.the minimum number of certificates of cause of death which are to be selected for referral under subsection (1) in any year, andthe method of determining which certificates are to be selected for referral under subsection (1) .during an epidemic, orwhere 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.may include such supplementary, incidental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,may be exercised so as to make different provision for different purposes.must be laid before the Scottish Parliament, andceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of the Parliament.provision revoking an earlier order made by virtue of subsection (7) , orsuch provision and provision made by virtue of subsection (8) (a) .An order to which this subsection applies is subject to annulment in pursuance of a resolution of the Parliament.dissolved, orin recess for more than 4 days.Subsection (9) (b) is without prejudice to anything previously done by reference to an order under subsection (7) or to the making of a new order under that subsection.(1) A medical reviewer may request that the Registrar General ensure that medical certificates of cause of death of such description as the medical reviewer may specify are referred for review under section 8(1) .(2) A request under subsection (1) may relate to a certificate in respect of which the death has been registered.(1) An interested person may apply to a medical
- “(1) The Registrar General must ensure that randomly selected certificates of cause of death are referred for review under section 8(1) of the 2011 Act prior to registration of the death to which each certificate relates.
- (2) The Registrar General must ensure that certificates of cause of death of such descriptions as may be specified in a request by medical reviewers under section 3 of the 2011 Act are referred for review under section 8(1) of that Act.
- (3) A district registrar for a registration district may refer for review under section 8(1) of that Act a certificate of cause of death where the district registrar considers it appropriate to do so.
- (4) The following certificates may not be referred under subsections (1) to (3) —
- (a) a certificate of cause of death 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 of cause of death which has already been referred under this section,
- (c) a certificate of cause of death which has been (or is being) reviewed under section 8(1) of the 2011 Act following an application made under section 4(1) of that Act,
- (d) a certificate of cause of death which is a replacement certificate attested and transmitted in response to an invitation to do so under section 10 or 11 of the 2011 Act,
- (e) a certificate of cause of death where the cause of death of the deceased person has been (or is being) investigated by a procurator fiscal,
- (f) a certificate of cause of death attested prior to the coming into force of this section.
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