# Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, Section 35: Further inquiry proceedings: compliance with recommendations


(1) This section applies where—
(a) a determination (“the original determination”) made in an inquiry into the death of a person has been set aside under section 32(6)(a), and
(b) the sheriff makes a determination (“the new determination”) in the re-opened inquiry or, as the case may be, the fresh inquiry into the death.
(2) Section 28(1) does not apply in relation to a person to whom a recommendation is addressed in the new determination if a recommendation in the same terms was addressed to the person in the original determination.
(3) Subsection (4) applies where—
(a) a recommendation was addressed to a person in the original determination, but
(b) a recommendation in the same terms is not addressed to the person in the new determination.
(4) The Scottish Courts and Tribunals Service must withdraw from publication—
(a) a response to the recommendation published under section 28(5)(a) or (b),
(b) a notice published under section 28(5)(b) or (c) or (7) in relation to the recommendation.

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Source: https://www.legislation.gov.uk/asp/2016/2/section/35 (the official version)
Page: https://openlegislation.uk/inquiries-into-fatal-accidents-and-sudden-deaths-etc-scotland-act-2016/section-35
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.