Fatal Accidents Inquiry (Scotland) Act 1895
| Jurisdiction | UK Non-devolved |
Fatal Accidents Inquiry (Scotland) Act, 1895
(58 & 59 Vict.) CHAPTER 36.
An Act to make provision for Public Inquiry in regard to Fatal Accidents occurring in Industrial Employments or Occupations in Scotland.
[6th July 1895]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1 Short title.
1. This Act may be cited as theFatal Accidents Inquiry (Scotland) Act, 1895.
2 Extent of Act.
2. This Act shall extend to and include all cases of death of any person or persons, whether employers or employed, engaged in any industrial employment or occupation in Scotland, due or reasonably believed to be due to accident occurring in the course of such employment or occupation.
3 Proceedings on occurrence of fatal accident.
(1)3.—(1.) Upon the occurrence of any death to which this Act applies, the procurator-fiscal of the county or district in which the accident shall have taken place, shall, so soon as he receives information of the death or deaths, proceed to collect evidence thereanent, and shall also forthwith present to the sheriff a petition craving him to hold a public inquiry in regard to the cause or causes of the death or deaths, and the circumstances of the accident, and shall also furnish to the sheriff clerk, so far as possible, by letter posted or delivered, information as to the names and addresses of the wife or husband, or of the nearest known relative, and of the employer, if any, of each person who has lost his life in the accident.
(2) (2.) If more deaths than one have resulted from the same accident, the petition and inquiry shall relate to the whole deaths which have resulted therefrom.
4 Public inquiry as to accident.
(1)4.—(1.) Upon presentation of the petition, which shall narrate briefly the circumstances of the case so far as known to the procurator-fiscal, the sheriff shall pronounce an order directing that a public inquiry in regard to the death shall be held at a time to be specified in the order, being a time as soon as reasonably possible, in such court house within his jurisdiction as may be nearest to the place where the accident occurred, or, if special circumstances appear to him to make it expedient, in such other court house or other building as may be available and convenient, and shall grant warrant to cite witnesses and havers to attend at such inquiry, at the instance of the procurator-fiscal, and of all parties who may be entitled to appear as herein-after provided.
(2) (2.) Intimation of the time and place of the inquiry shall be made by the sheriff clerk, so far as possible, by letter, posted or delivered, upon information as to their names and addresses being furnished to him by the procurator-fiscal, to the wife or husband, or to the nearest known relative, and to the employer, if any, of each person, who has lost his life in the accident. In any case in which it is competent for any official or department of Her Majesty's; Government to cause public inquiry to be made into the facts and circumstances of the accident under the provisions of any statute in force for the time being, then such intimation shall also be made to such official or department. The sheriff clerk shall also cause intimation of the time and place of the inquiry to be made by advertisement in a newspaper, circulating in the district, or if there be more than one such newspaper, then in two of them.
(3) (3.) In the event of the Secretary for Scotland being satisfied that the sheriff is unable, owing to the pressure of official duty or other cause which the Secretary for Scotland shall hold to be sufficient, to hold the inquiry, the Secretary for Scotland shall appoint a competent person, who shall possess the qualifications necessary for the office of sheriff-substitute, to...
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