The National Medical Examiner (Additional Functions) Regulations 2024

Statutory Instruments

2024 No. 494

MEDICAL PROFESSION, ENGLAND AND WALES

CORONERS, ENGLAND AND WALES

The National Medical Examiner (Additional Functions) Regulations 2024

Made

at 10.09 a.m. on 15th April 2024

Laid before Parliament

at 3.45 p.m. on 15th April 2024

Coming into force

9th September 2024

The Secretary of State makes these Regulations in exercise of the power conferred by section 21(2)(b) of the Coroners and Justice Act 2009(1).

In accordance with section 21(3) of the Coroners and Justice Act 2009, the Secretary of State has consulted the Welsh Ministers.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Medical Examiner (Additional Functions) Regulations 2024 and come into force on 9th September 2024.

(2) These Regulations extend to England and Wales.

Interpretation

2.  In these Regulations—

“the Act” means the Coroners and Justice Act 2009;

“attending practitioner” has the meaning given in regulation 2 of the Medical Certificate of Cause of Death Regulations 2024(2);

“English NHS body” has the meaning given in section 18A(4) of the Act (Medical Examiners: England)(3);

“National Medical Examiner” means the person appointed under section 21(1) of the Act;

“section 19(4) Regulations” means—

(a)

in relation to medical examiners appointed by an English NHS body, the Medical Examiners (England) Regulations 2024(4);

(b)

in relation to medical examiners appointed by a Welsh NHS body, the Medical Examiners (Wales) Regulations 2024(5);

“Welsh NHS body” has the meaning given in section 18B(3) of the Act (Medical Examiners: Wales)(6).

National Medical Examiner’s functions

3.  In addition to the function(7) conferred by section 21(2)(a) of the Act, the National Medical Examiner has the functions conferred by regulations 4 to 8.

Provision of advice to the Secretary of State and the Welsh Ministers

4.  The National Medical Examiner must provide such advice to the Secretary of State and the Welsh Ministers as the Secretary of State or the Welsh Ministers may request, or as is necessary in the opinion of the National Medical Examiner, in relation to the functions of—

(a) attending practitioners under the Medical Certificate of Cause of Death Regulations 2024;

(b) medical examiners(8).

Provision of advice to the Chief Coroner

5.  The National Medical Examiner must provide such advice to the Chief Coroner as the Chief Coroner may request, or as is necessary in the opinion of the National Medical Examiner, in relation to causes of death, including in relation to the cause of death of any particular person.

Guidance to English NHS bodies and Welsh NHS bodies

6.—(1) The National Medical Examiner may issue guidance to English NHS bodies and Welsh NHS bodies in relation to—

(a) the qualification requirements for medical examiners;

(b) the qualification requirements for someone acting on behalf of a medical examiner in accordance with the Medical Certificate of Cause of Death Regulations 2024;

(c) the functions of medical examiners under section 19(4) Regulations and the Medical Certificate of Cause of Death Regulations 2024;

(d) the functions of someone acting on behalf of a medical examiner under the Medical Certificate of Cause of Death Regulations 2024;

(e) the appropriate training to be undertaken by medical examiners from time to time to ensure that they have the experience and skills necessary to carry out their functions.

(2) The National Medical Examiner may amend or revoke any guidance issued under this regulation.

(3) The National Medical Examiner must consult the Secretary of State and the Welsh Ministers before issuing, amending or revoking any guidance under this regulation.

Standards of performance for medical examiners

7.  The National Medical Examiner must—

(a) prepare and publish standards of performance that medical examiners are expected to meet in exercising their functions;

(b) keep the standards of performance under review; and

(c) prepare and publish any revised standards of performance should the review suggest that to be necessary.

Reports to the Secretary of State and the Welsh Ministers

8.  The National Medical Examiner must, on request by the Secretary of State or the Welsh Ministers, and at least annually, provide to the Secretary of State and the Welsh Ministers reports and information in relation to—

(a) the way in which the National Medical Examiner has exercised their functions during the period covered by the report;

(b) the way in which medical examiners have exercised their functions under section 19(4) Regulations and the Medical Certificate of Cause of Death Regulations 2024, including in relation to the meeting of the standards of performance published under regulation 7; and

(c) the way in which attending practitioners have exercised their functions under the Medical Certificate of Cause of Death Regulations 2024.

Signed by authority of the Secretary of State for Health and Social Care

Maria Caulfield

Parliamentary Under Secretary of State

Department of Health and Social Care

at 10.09 a.m. on 15th April 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations confer on the National Medical Examiner appointed by the Secretary of State under section 21(1) of the Coroners and Justice Act 2009 (c. 25) (“the Act”) functions additional to the function of issuing guidance to medical examiners conferred on the National Medical Examiner by section 21(2)(a) of the Act.

The additional functions conferred are—

• providing advice to the Secretary of State and the Welsh Ministers in relation to the exercise of functions by attending practitioners and medical examiners (regulation 4);

• providing advice to the Chief Coroner in relation to causes of death (regulation 5);

• issuing guidance to English NHS bodies and Welsh NHS bodies in relation to the qualification requirements of medical examiners and persons acting on behalf of medical examiners, the respective functions of medical examiners and those acting on their behalf, and the appropriate training to be undertaken by medical examiners (regulation 6);

• preparing and publishing standards of performance in relation to the exercise of medical examiners’ functions conferred on them by or under the Act and keeping those standards under review (regulation 7); and

• providing reports and information to the Secretary of State and the Welsh Ministers about the exercise of functions by the National Medical Examiner, medical examiners and attending practitioners (regulation 8).

Full impact assessments of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector were prepared in 2018 and 2022 and available at https://www.gov.uk/government/consultations/death-certification-reforms and https://www.gov.uk/government/publications/health-and-care-act-2022-combined-impact-assessments. An updated summary document has also been prepared and is available from https://www.gov.uk/government/publications/changes-to-the-death-certification-process. Hard copies can be obtained by writing to the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.

(1)

2009 c. 25.

(2)

S.I. 2024/492.

(3)

Section 18A was inserted by section 169(1) of the Health and Care Act 2022 (c. 31).

(4)

S.I. 2024/493.

(5)

S.I. 2024/505 (W. 81).

(6)

Section 18B was inserted by section 169(1) of the Health and Care Act 2022.

(7)

For the meaning of “function”, see section 48(1) of the Coroners and Justice Act 2009 (c. 25).

(8)

For the meaning of “medical examiner”, see section 48(1) of the Coroners and Justice Act 2009.