Certification of Death (Scotland) Act 2011

SCHEDULE 2 MINOR AND CONSEQUENTIAL MODIFICATIONS

(introduced by section 30)

Cremation Act 1902 (c. 8)

1 (1) The Cremation Act 1902 is amended as follows.

(2) In section 7 (regulations as to burning)—

(a) the words from “and” where it fifth occurs to “place” where it second occurs are repealed,

(b) the words from “Each” to “prescribe” are repealed.

(3) After section 7 insert—

“7A Forms of documentation for burning

The Scottish Ministers may make regulations prescribing the forms of notices, certificates and applications to be given or made before the burning of any human remains is permitted to take place.

7B Procedure for regulations

A statutory instrument containing regulations under section 7 or 7A is subject to annulment in pursuance of a resolution of the Scottish Parliament.”.

(4) In section 8(1) (penalties for breach of regulations, &c), after “incur” insert “other than an offence under section 27A(1) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49) (offence of disposal of body without authorisation)”.

Cremation Act 1952 (c. 31)

2 In section 2(2) of the Cremation Act 1952 (procedure for regulations made under section 7 of the Cremation Act 1902) the words from “Any” to “and” are repealed.

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

3 Section 21(5) of the 1965 Act (person having charge of place of interment to give notice of burial of still-born child without certificate) is repealed.

4 In section 24 of the 1965 Act (certificate of cause of death), after subsection (1), insert—

“(1A) A registered medical practitioner may, where invited to do so under section 10(2)(b) or 11(6) of the 2011 Act (action following unsatisfactory review), attest and transmit a replacement certificate to a medical reviewer or, as the case may be, the senior medical reviewer.”.

5 Section 27(2) and (3) of the 1965 Act (transmission of certificate of registration) is repealed.

6 In section 56(1) of the 1965 Act (interpretation)—

(a) before the entry for “birth” insert—

• ““the 2011 Act” means the Certification of Death (Scotland) Act 2011 (asp 11);”,

(b) after the entry for “local authority” insert—

• ““medical reviewer” means a person appointed under paragraph 7A(1) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);”,

(c) after the entry for “relative” insert—

• ““senior medical reviewer” means a person appointed under paragraph 7A(2) of Schedule 5A to the National Health Service (Scotland) Act 1978 (c. 29);”.