{
  "url": "https://openlegislation.uk/act-of-sederunt-fatal-accident-inquiry-rules-2017/rule-3.3",
  "json_url": "https://openlegislation.uk/act-of-sederunt-fatal-accident-inquiry-rules-2017/rule-3.3.json",
  "legislation": "ssi/2017/103",
  "legislation_title": "Act of Sederunt (Fatal Accident Inquiry Rules) 2017",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-fatal-accident-inquiry-rules-2017",
  "path": "rule/3.3",
  "kind": "rule",
  "number": "3.3",
  "heading": "Notice of the inquiry",
  "text": "(1) Notice under section 17(1) in relation to an inquiry is to be given in Form 3.3A.\n(2) Notice must be given at least 42 days before—\n(a) the preliminary hearing; or\n(b) if the sheriff has not ordered a preliminary hearing, the date fixed for the start of the inquiry.\n(3) In addition to the persons mentioned in section 17(2)(a), notice must be given to—\n(a) a person named in the first order as a person the sheriff is satisfied has an interest in the inquiry;\n(b) in a category of death listed in column 1 of the following table, the person specified in column 2.\nColumn 1\nColumn 2\nCircumstances of death\nSpecified person\na death within section 2(3)(b) of the Act (death as a result of an accident which occurred while the person was acting in the course of the person’s employment or occupation)\nThe Health and Safety Executive\na death within section 2(4)(b) (death of a child required to be kept or detained in secure accommodation)\nThe local authority or other provider of secure accommodation in whose care the child died, the Scottish Ministers and Social Care and Social Work Improvement Scotland\ndeath within section 2(5)(a) (death of a person required to be imprisoned or detained in a penal institution)\nThe Scottish Ministers or the Chief Constable of the relevant police force, respectively\ndeath within section 2(5)(b) (death in police custody)\nThe Chief Constable of the relevant police force\na death within section 2(5)(c) (death in custody on court premises)\nThe Scottish Courts and Tribunals Service\na death within section 2(5)(d) (death of a person detained in service custody premises)\nThe Secretary of State\na death within section 5 (certain deaths and accidents to be treated as occurring in Scotland)\nThe Secretary of State\na death within section 6 (inquiries into deaths occurring abroad: general)\nThe Secretary of State\na death within section 7 (inquiries into deaths occurring abroad: service personnel)\nThe Secretary of State\na death within article 6 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (death in Scotland of service personnel)\nThe Secretary of State.\n(4) A person given notice under this rule who intends to participate must indicate that intention by lodging a notification in Form 3.3B at least 14 days before the start of the inquiry.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 3.3 in force at 15.6.2017, see rule 1.1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2016/1142."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2017/103/rule/3.3",
    "retrieved_at": "2026-10-28T21:19:19.120442+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}