# The Certification of Death (Scotland) Act 2011 (Consequential Provisions) Order 2015

S.S.I. 2015/164 · made 2 April 2015

This Order makes amendments to the Cremation (Scotland) Regulations 1935 in consequence of the Certification of Death (Scotland) Act 2011. The Order comes into force on 13th May 2015.

Made under: Certification of Death (Scotland) Act 2011 (Section 28)

PDFs: Printed copy https://openlegislation.uk/certification-of-death-scotland-act-2011-consequential-provisions-order-2015/pdf/ssi_20150164_en.pdf; Policy Note https://openlegislation.uk/certification-of-death-scotland-act-2011-consequential-provisions-order-2015/pdf/ssipn_20150164_en.pdf

## Introductory text

Public Health
Made 2nd April 2015
Laid before the Scottish Parliament 2nd April 2015
Coming into force 13th May 2015
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 and all other powers enabling them to do so.

## 1 Citation and commencement

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.

## 2 Amendment of the Cremation (Scotland) Regulations 1935

The Cremation (Scotland) Regulations 1935 are amended in accordance with articles 3 to 10.

## 3 Revocation of definition

In the section entitled “Definitions”, the definition of “Medical Referee” is omitted.

## 4 Revocation of Regulations 6, 8(a), (b) and (d), 8A, 9, 10, 11 and 15A

Regulations 6, 8(a), (b) and (d), 8A, 9, 10, 11 and 15A are omitted.

## 5 Amendment of Regulation 12

(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”;
(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 Amendment of Regulation 13

In regulation 13 omit the second and third paragraphs.

## 7 Amendment of Regulation 14

In regulation 14 for “5 to 10 and 12” substitute “7 and 8(c)”.

## 8 Amendment of Regulation 15

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 Amendment of Regulation 16

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 Amendment of the Schedule

In the schedule omit Forms B, C, D, DD, F, FF and H.

## 11 Consequential provisions

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.

## 12 Consequential provisions

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.

## Signature

MAUREEN WATT
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd April 2015

## Explanatory note

(This note is not part of the Order)
This Order makes amendments to the Cremation (Scotland) Regulations 1935 in consequence of the Certification of Death (Scotland) Act 2011. The Order comes into force on 13th May 2015.

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Source: https://www.legislation.gov.uk/ssi/2015/164 (the official version)
Page: https://openlegislation.uk/certification-of-death-scotland-act-2011-consequential-provisions-order-2015
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.