The Certification of Death (Scotland) Act 2011 (Application for Review) Regulations 2015

Made: 2nd April 2015

Laid before the Scottish Parliament: 2nd April 2015

Coming into force: 13th May 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 4(8) of the Certification of Death (Scotland) Act 2011[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

These Regulations may be cited as the Certification of Death (Scotland) Act 2011 (Application for Review) Regulations 2015 and come into force on 13th May 2015.

Form and content of application under section 4(1) of the Certification of Death (Scotland) Act 2011

2

An application under section 4(1) of the Certification of Death (Scotland) Act 2011 must be—

• (a) in the Form set out in the Schedule and contain the information and documents specified in that form;

• (b) submitted to Healthcare Improvement Scotland[^f00002]; and

• (c) accompanied by the medical certificate of cause of death.

Rejected applications

3

Where an application is rejected because the medical certificate of cause of death is not eligible or because the application is incomplete, the medical reviewer must tell the applicant in what respect the certificate is not eligible or the application is incomplete.

SCHEDULE — FORM

Signed

MAUREEN WATT — Authorised to sign by the Scottish Ministers — 2nd April 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision to give effect on 13th May 2015 section 4(8) of the Certification of Death (Scotland) Act 2011 to provide for a review of a medical certificate of cause of death on the application of an interested party.

Regulation 2 specifies the form and content of an application.

Regulation 3 provides the information a medical reviewer must provide on rejection of an application.

Footnotes

[^f00001]: 2011 asp 11.

[^f00002]: Healthcare Improvement Scotland was established under section 10A of the National Health Service (Scotland) Act 1978 c.29 which was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).