Coronavirus Act 2020

PART 1 Review of medical certificates of cause of death

Interpretation

1 (1) In this Part of this Schedule—

• “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965;

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

(2) Expressions used in this Part of this Schedule and in the 2011 Act have the same meanings as in that Act.

Power to suspend review of certain medical certificates of cause of death

2 (1) This paragraph applies at any time the Scottish Ministers are of the view that—

(a) the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health, and

(b) the exercise of the powers conferred by this paragraph will be an effective means of expediting the disposal of bodies and better utilise medical resources.

(2) The Scottish Ministers may, by direction, suspend—

(a) the referral of medical certificates of cause of death for review under section 24A of the 1965 Act,

(b) the right of an interested person to apply for a review of a medical certificate of cause of death under section 4(1) of the 2011 Act, and

(c) the review of medical certificates of cause of death under section 8(1) of the 2011 Act.

(3) Before making a direction under sub-paragraph (2), the Scottish Ministers must consult the senior medical reviewer (or, if unavailable, the medical reviewer who is to perform the senior medical reviewer’s functions in such circumstances).

(4) A direction under sub-paragraph (2)—

(a) is to have effect until it is revoked by the Scottish Ministers making a direction to that effect;

(b) must suspend all of the matters in paragraphs (a) to (c) of that sub-paragraph;

(c) may be made on more than one occasion.

(5) The Scottish Ministers must—

(a) give a copy of any direction made under this paragraph to the Registrar General, and

(b) publish it in such manner as they consider appropriate.

Effect of direction on existing reviews referred under section 24A of the 1965 Act

3 (1) This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5, which—

(a) was referred for review under section 24A of the 1965 Act prior to a direction being made under paragraph 2(2), and

(b) has not been completed at the time the direction is made.

(2) The medical reviewer or, as the case may be, senior medical reviewer must—

(a) stop conducting the review, and

(b) notify the relevant registrar that the death may be registered.

Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act

4 (1) This paragraph applies to any review of a medical certificate of cause of death, other than one falling within paragraph 5—

(a) in respect of which an application was made under section 4(1) of the 2011 Act (other than one which has been rejected as vexatious under section 4(3) of that Act) prior to a direction being made under paragraph 2(2) of this Schedule, and

(b) which has not been completed at the time the direction is made.

(2) The medical reviewer or, as the case may be, senior medical reviewer must—

(a) pause the review until such time as the direction is revoked,

(b) notify the persons mentioned in section 13(3) of the 2011 Act of the pause, and

(c) notify the relevant registrar that the death may be registered (if it has not already been registered).

Automatic referral of medical certificates of the cause of death to procurator fiscal

5 (1) A review of a medical certificate of cause of death falls within this paragraph if—

(a) the review has not been completed at the time a direction under paragraph 2(2) is made, and

(b) the medical reviewer or, as the case may be, senior medical reviewer conducting the review considers that it may be appropriate to refer the certificate to the procurator fiscal for investigation into the cause of death of the deceased person to whom the certificate relates under section 11, 12 or 16 of the 2011 Act.

(2) Where a review falls within this paragraph, the medical reviewer or, as the case may be, senior medical reviewer must refer the certificate to the procurator fiscal for investigation into the cause of death of the deceased person to whom the certificate relates under section 11, 12 or 16 of the 2011 Act.