Implementation of the Certification of Death (Scotland) Act 2011 - Consultation on the Expedited "not staying registration" Procedure

6. Determining whether it is appropriate to grant the expedited procedure

6.1 An informant can request an expedited procedure in any case randomly selected for review, and every such request must be passed, by the registrar, to the Medical Reviewer for a decision. It is entirely a matter for the Medical Reviewer to determine whether or not to agree to the request.

6.2 There is a need to provide clear and consistent guidance to Medical Reviewers, to registrars and to the public as to the sort of circumstances where expedited procedure might be appropriate. This will ensure, as far as possible, that granting or refusing expedited procedure requests is consistent across Scotland, and that all parties involved have a shared understanding of what is applicable.

6.3 As detailed in Question 4 above, we would propose that a form be developed which will be the mechanism for the informant to set out the justification for not staying registration. It is proposed that such a form would detail a set of categories which are intended to highlight the sort of circumstances where not staying registration (expedited procedure) may be appropriate. Although it is not for registrars to grant or refuse expedited procedure a list of pre-defined categories within Guidance, and included on the proposed form, would helpfully set out the sort of circumstances where not staying registration (expedited procedure) may be appropriate, and where a request is most likely to succeed. Question 5: Do you agree that it would be useful to set down in Guidance, and on the proposed form, the sort of categories where it may be appropriate to request that registration is not stayed (expedited procedure)?6.4 It is not intended that such a list of categories in itself defines when expedited procedure should be granted. That remains a matter for Medical Reviewers to determine and decide if it is appropriate to do so. The expedited procedure can be granted or refused by the Medical Reviewer in any case.

6.5 It is suggested that the following list of categories sets out the key circumstances where not staying registration might be appropriate:

i. Not staying registration for religious or cultural reasons - for example, some religious traditions require burial within 24 hours and some communities have a tradition of burial within three days.

ii. Not staying registration for compassionate reasons - for example, in the death of a child under 16 years or a stillbirth where a delay may cause significant additional distress.

iii. Not staying registration for administrative or practical reasons - for example, where the family does not reside in Scotland and the deceased will be in transit to another part of the UK or international destinations for a funeral; or where the body is being donated to medical research and has to be preserved quickly.

Question 6: Do you agree with these categories, and is there anything additional that should be added?