Certification of Death (Scotland) Act 2011 (asp 11)

SCHEDULE 1 S STATUS AND APPOINTMENT OF MEDICAL REVIEWERS

(introduced by section 1)

1 S Schedule 5A to the 1978 Act (Healthcare Improvement Scotland) is amended as follows.

Commencement Information

I1 Sch. 1 para. 1 in force at 8.6.2013 by S.S.I. 2013/159, art. 2, Sch.

2 S After paragraph 7 insert—

“Medical reviewers S

7A (1) HIS must appoint persons employed under paragraph 7(5) to exercise the functions of medical reviewers; and when doing so those employees are to be known as medical reviewers.

(2) HIS must appoint a person employed under paragraph 7(5) to exercise the functions of the senior medical reviewer; and when doing so that employee is to be known as the senior medical reviewer.

(3) A person appointed as a medical reviewer or the senior medical reviewer must—

(a) be a medical practitioner;

(b) have been so throughout the 5 years prior to appointment; and

(c) have such other qualifications, training and experience as may be specified by regulations.

(4) A member of HIS may not exercise the functions of—

(a) a medical reviewer; or

(b) the senior medical reviewer.

(5) An employee of HIS (other than a medical reviewer) may not exercise any function of a medical reviewer other than those under section 17.

(6) An employee of HIS (other than the senior medical reviewer) may not exercise the functions of the senior medical reviewer (except by virtue of arrangements made under paragraph 11(2C)).

(7) An appointment as a medical reviewer or the senior medical reviewer does not affect the appointed person's status as employed under paragraph 7(5).”.

Commencement Information

I2 Sch. 1 para. 2 in force at 8.6.2013 by S.S.I. 2013/159, art. 2, Sch.

3 S In paragraph 11 (delegation of functions)—

(a) in sub-paragraph (1), for “and” where it first occurs substitute “ to ”,

(b) after sub-paragraph (2) insert—

“(2A) HIS may authorise an employee to carry out the functions of a medical reviewer under section 17.

(2B) Any other function conferred on a medical reviewer or the senior medical reviewer may not, subject to sub-paragraph (2C), be delegated by HIS.

(2C) The senior medical reviewer may, with the approval of HIS, make arrangements for the functions of the senior medical reviewer to be carried out by a medical reviewer where the senior medical reviewer is absent or otherwise unavailable.”.

Commencement Information

I3 Sch. 1 para. 3 in force at 8.6.2013 by S.S.I. 2013/159, art. 2, Sch.