Certification of Death (Scotland) Act 2011

5 Stay of registration of death pending review

In section 25B of the 1965 Act (registration of deaths)—

(a) in subsection (1), after “subsection (2)” insert “and (2A)”, and

(b) after subsection (2) insert—

“(2A) The registrar is not to register a death in respect of which the certificate of cause of death has been referred under section 24A or where the Registrar General has been notified under section 4(4) of the 2011 Act of an application for review having been made until the first occurrence of any of the following events—

(a) a medical reviewer, under section 7(2)(b) of the 2011 Act (request for review not to stay registration), notifying the registrar that it is appropriate in the circumstances to register the death before the review is complete,

(b) the certificate or its replacement being approved by a medical reviewer—

(i) under section 9 of the 2011 Act (action following satisfactory review), or

(ii) under section 10 of that Act (action following unsatisfactory review: medical reviewer),

(c) the certificate or its replacement being approved by the senior medical reviewer under section 11 of the 2011 Act (action following unsatisfactory review: senior medical reviewer),

(d) the senior medical reviewer, under section 11(8)(a), (9)(a) or 12(5)(a) of the 2011 Act, signifying that the review has been conducted,

(e) a medical reviewer, under section 12(2)(a) of the 2011 Act (action where relevant medical practitioner is unavailable or incapacitated), signifying that the review has been conducted, or

(f) a procurator fiscal approving the certificate or providing a replacement certificate attested by a registered medical practitioner.”.