Referral of medical certificates of cause of death for review
4Application for review of certificate by interested person
1
An interested person may apply to a medical reviewer for a review under section 8(1) of an eligible medical certificate of cause of death.
2
An application under subsection (1)—
a
may relate to a certificate in respect of which the death has been registered,
b
must be made within three years of the date of death of the deceased person to whom the certificate relates.
3
Where the medical reviewer considers an application under subsection (1) to be vexatious, the medical reviewer may reject it.
4
A medical reviewer must notify the Registrar General of an application received under subsection (1) (other than one which is rejected under subsection (3)).
5
For the purposes of subsection (1), an interested person is—
a
a person who, under the 1965 Act, is required or stated to be qualified to give information concerning the deceased’s death,
b
a health care professional (or other carer) who was involved with the deceased’s care prior to the deceased’s death,
c
the funeral director responsible for the funeral arrangements of the deceased,
d
the person having charge of the place of disposal of the body of the deceased,
e
such other persons as the Scottish Ministers may by order specify.
6
For the purposes of subsection (1), an eligible medical certificate of cause of death is a medical certificate of cause of death other than—
a
a certificate 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 which has been referred under section 24A of the 1965 Act (duty to refer certain certificates of cause of death for review),
c
a certificate which has already been (or is being) reviewed under section 8(1) following an application made under subsection (1),
d
a certificate which is a replacement certificate attested and transmitted in response to an invitation to do so under section 10 or 11,
e
a certificate where the cause of death of the deceased person has been (or is being) investigated by a procurator fiscal,
f
a certificate attested prior to the coming into force of this section.
7
The Scottish Ministers may by order suspend the application of this section—
a
during an epidemic, or
b
where 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.
8
The Scottish Ministers may by regulations make provision about applications under subsection (1) including, in particular, provision about—
a
the procedure for making applications,
b
the form and content of applications,
c
the action to be taken by medical reviewers in respect of applications.