Explanatory note

These Regulations make provision in respect of medical examiners appointed by English NHS bodies to discharge the functions conferred on them by or under Chapter 2 of Part 1 of the Coroners and Justice Act 2009 (c. 25). Those functions relate to the medical certification of the cause of deaths which are required to be registered under Part 2 of the Births and Deaths Registration Act 1953 (c. 20).

Regulation 3 sets out mandatory terms to be included in the terms of appointment of medical examiners, and permits the inclusion of such other terms as are agreed between the appointing body and medical examiner.

Regulation 4 makes provision permitting appointing bodies to pay to each medical examiner it appoints such remuneration, expenses, fees, compensation for termination of appointment, pensions, allowances or gratuities as it determines.

Regulation 5 provides that a medical examiner must undertake such training as is appropriate to ensure that they have the experience and skills necessary to carry out their functions.

Regulation 6 requires medical examiners to follow certain steps where, in relation to a death which is required to be registered, the examiner is insufficiently independent within the meaning of that regulation, because of a connection the examiner had with the deceased person, the relevant attending practitioner or any other relevant medical practitioner at the time of the death. These steps include declining to exercise functions of confirming or issuing a medical certificate of cause of death, and notifying the appropriate bodies that they are insufficiently independent.

Regulation 7 confers functions on medical examiners which are in addition to their functions relating to the medical certificate of cause of death under the Medical Certificate of Cause of Death Regulations 2024 (S.I. 2024/492).

Regulation 8 provides that the supply of any information under these regulations does not breach any obligation of confidence. It also provides that these regulations do not operate to require or authorise the disclosure or use of information which would contravene data protection legislation.

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.