Part 1Coroners etc
Chapter 1Investigations into deaths
Death of service personnel abroad
12Investigation in Scotland
(1)
This section applies to the death outside the United Kingdom of a person within subsection (2) or (3).
(2)
A person is within this subsection if at the time of the death the person was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—
(a)
active service,
(b)
activities carried on in preparation for, or directly in support of, active service, or
(c)
training carried out in order to improve or maintain the effectiveness of those engaged in active service.
(3)
A person is within this subsection if at the time of the death the person was not subject to service law but—
(a)
by virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006 was a civilian subject to service discipline, and
(b)
was accompanying persons subject to service law who were engaged in active service.
(4)
If—
(a)
the person’s body is within Scotland or is expected to be brought to the United Kingdom, and
(b)
the Secretary of State thinks that it may be appropriate for the circumstances of the death to be investigated under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14),
the Secretary of State may notify the Lord Advocate accordingly.
(5)
If—
(a)
the person’s body is within England and Wales, and
(b)
the Chief Coroner thinks that it may be appropriate for the circumstances of the death to be investigated under that Act,
the Chief Coroner may notify the Lord Advocate accordingly.