The Scottish Ministers make the following Order in exercise of the powers conferred on them by section 28 of the Certification of Death (Scotland) Act 2011(1) and all other powers enabling them to do so.
1. This Order may be cited as the Certification of Death (Scotland) Act 2011 (Consequential Provisions) Order 2015 and comes into force on 13th May 2015. Amendment of the Cremation (Scotland) Regulations 1935
2. The Cremation (Scotland) Regulations 1935(2) are amended in accordance with articles 3 to 10.
3. In the section entitled "Definitions", the definition of "Medical Referee" is omitted.
4. Regulations 6, 8(a), (b) and (d), 8A, 9, 10, 11 and 15A are omitted.
5.-(1) In regulation 12
(a) for "Medical Referee", in each place where it appears, substitute "Cremation Authority";
(b) in sub paragraph (d) of the first paragraph, for "referred to in Regulations 6 and 8 (including the acknowledgement and intimation by a Coroner referred to in Regulation 6(c)(i), (if any)" substitute "specified under section 27A of the Registration of Births, Deaths and Marriages (Scotland) Act 1965(3)";
(c) in sub paragraph (d) of the first paragraph omit from "by these Regulations" to the end of that sub paragraph;
(d) in the second paragraph for ", may refuse to grant authority until he has himself examined the body and may in any case" substitute "and may";
(e) in the third paragraph omit "and in particular if the cause of death assigned in the medical certificate be such as, regard being had to all the circumstances, might be due to poison, violence, to any illegal operation or to privation or neglect, or if there is any reason to suspect that death occurred under an anaesthetic,".
(2) In Regulation 12, references to "he", "his" and "himself" shall be construed as references respectively to "it", "its" and "itself".
6. In regulation 13 omit the second and third paragraphs.
7. In regulation 14 for "5 to 10 and 12" substitute "7 and 8(c)".
8. In regulation 15
(a) for "Medical Referee" substitute "Cremation Authority"; and
(b) for "4, 5, 6, 7, 8 and 12" substitute "7 and 8(c)".
9. In regulation 16
(a) for "Medical Referee" substitute "Cremation Authority";
(b) omit"; and if the Medical Referee after such inquiries as he may think necessary is satisfied that it was still-born".
10. In the schedule omit Forms B, C, D, DD, F, FF and H.
11. Any Form DD, as provided for in regulation 15A of the Cremation (Scotland) Regulations 1935, issued before 13th May 2015 is to be treated as a Form N as specified in regulation 7(b) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015(4).
12. Any Form H, as provided for in regulation 8(d) of the Cremation (Scotland) Regulations 1935, issued before 13th May 2015 is to be treated as a Form M as specified in regulation 7(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (Prohibition on Disposal of a Body without Authorisation) Regulations 2015.
MAUREEN WATT
Authorised to sign by the Scottish Ministers
St Andrew's House,Edinburgh
2nd April 2015
(1) 2011 asp 11.
(2) S.I. 1935/247 amended by S.I. 1952/1639, S.I. 1967/398 and S.S.I. 2003/301..
(3) 1965 c.49.
(4) S.S.I. 2015/166.
These Regulations make provision in respect of section 17(4) of the Certification of Death (Scotland) Act 2011 ("the Act") to provide for a certificate confirming verification of foreign death certificates and under section 18(4) of the Act to provide for a determination by a medical reviewer as to whether it is safe to cremate the body of a deceased person who died out with Scotland but for whom an application has been received to be cremated in Scotland.
Regulation 2 indicates the form of a certificate under section 17(4) of the Act.
Regulation 3 indicates the form and content of an application under section 18(4) of the Act.
Regulation 4 outlines the procedure to be followed by a medical reviewer in reaching a determination.
Regulation 5 provides for the issuing of a certificate by a medical reviewer stating that it is safe to cremate the body of a deceased person.
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