Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/191 |
| Year | 1977 |
1977 No. 191 (S. 29)
SHERIFF, SCOTLAND
The Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 19777thFebruary 1977
1stMarch 1977
In exercise of the powers conferred on me by section 7(1) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976(a) and of all other powers enabling me in that behalf I hereby make the following rules:—
Citation and commencement
1. These rules may be cited as the Fatal Accidents and Sudden Deaths Inquiry Procedure (Scotland) Rules 1977 and shall come into operation on 1st March 1977.
Interpretation
2.—(1) In these rules, unless the context otherwise requires,—
"the Act" means the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976(a);
"inquiry" means an inquiry under the Act;
"officer of law" has the meaning assigned to it by section 462 of the Criminal Procedure (Scotland) Act 1975(b);
"procurator fiscal" has the meaning assigned to it by section 462 of the Criminal Procedure (Scotland) Act 1975;
"sheriff clerk" includes sheriff clerk depute and any person duly authorised to execute the duties of sheriff clerk.
(2) In these rules, unless the context otherwise requires, a reference to any enactment shall be construed as a reference to that enactment as amended or re-enacted by any subsequent enactment.
(3) The Interpretation Act 1889(c) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament.
Application for holding of inquiry
3. The application for the holding of an inquiry in accordance with section 1(1) of the Act and the sheriff's first warrant thereon shall be in the case of such a death as is referred to in section 1(1)(a) of the Act in the form as nearly as may be of Form 1 of the Schedule to these rules, and in the case of such a death as is referred to in section 1(1)(b) of the Act in the form as nearly as may be of Form 2 of the said Schedule.
(a) 1976 c. 14.
(b) 1975 c. 21.
(c) 1889 c. 63.
Notice of holding of inquiry
4.—(1) Intimation of the holding of an inquiry in accordance with section 3(2)(a) of the Act shall be made by notice in writing in the form as nearly as may be of Form 3 of the Schedule to these rules, given not less than twenty-one days before the date of the inquiry.
(2) Such notice shall be given to the following persons, besides those specified in the said section 3(2)(a),—
(a) in the case of such a death as is referred to in section 1(1)(a)(i) of the Act, to the Health and Safety Commission;
(b) in the case of such a death as is referred to in section 1(1)(a)(ii) of the Act, to any Minister, Government Department or other authority in whose legal custody the person who has died was at the time of his death;
(c) in the case of a death occurring in the circumstances specified in section 9 of the Act, or a death resulting from an accident occurring in those circumstances, to the Secretary of State for Energy;
(d) in any case where it is competent for a Minister or Government Department under any statute other than the Act to cause public inquiry to be made into the circumstances of the death, to such Minister or Government Department.
(3) Public notice of the holding of an inquiry in accordance with section 3(2)(b) of the Act shall be given by publishing in at least two newspapers circulating in the sheriff court district where the inquiry is to be held, not less than twenty-one days before the date of the inquiry, an advertisement in the form as nearly as may be of Form 4 of the Schedule to these rules.
Custody of productions
5. The sheriff may at the time of making an order for the holding of an inquiry or at any time thereafter, upon the application of the procurator fiscal or of any other person entitled to appear at the inquiry or at his own instance, grant warrant to officers of law to take possession of anything connected with the death which is the subject of inquiry and which it may be considered necessary to produce at the inquiry and to hold any such thing in safe custody, subject to inspection by any persons interested.
Inspection of land, premises, etc.
6. The sheriff may at the time of making an order for the holding of an inquiry or at any time thereafter, upon the application of the procurator fiscal or of any other person entitled to appear at the inquiry or at his own instance, inspect or grant warrant for any person to inspect any land, premises, article or other thing the inspection of which the sheriff considers desirable for the purposes of the inquiry.
Representation
7.—(1) The procurator fiscal may appear on his own behalf at an inquiry or be represented by an assistant or depute procurator fiscal or by Crown Counsel.
(2) Any person entitled to...
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