Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill

Closes 14 Nov 2025

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Part 2 of the Bill: Certification of death and authorisation of cremation

What are your views on the Bill’s amendments to the two following aspects of the Certification of Death (Scotland) Act 2011:

a. To extend the circumstances in which an interested person can request a review of a Medical Certificate of Cause of Death (MCCD) and to extend the power of medical reviewers to reject an application.

What are the provisions in the Bill?

The Bill amends the Certification of Death (Scotland) Act 2011 by expanding the grounds on which a reviewer may decide to reject an application (rather than solely on the basis that it is deemed ‘vexatious’). The reviewer is additionally required to inform the applicant for review of the reason for rejection.
 
The Bill also makes additional death certificates eligible for review by including those listed in section 24A of the Registration of Births etc (Scotland) Act 1965, and makes it possible for more than one review of a certificate to take place, for example, if new evidence emerges.

b. To remove the requirement for a medical reviewer to authorise cremation of a person’s body in Scotland where that person has died outwith Scotland but within the United Kingdom.

What are the provisions in the Bill?

The Bill amends Section 18 of the Certification of Death (Scotland) Act 2011. Previously, Scottish medical reviewers had to authorise cremations for deaths occurring outside Scotland. Now, the requirement applies only to deaths occurring outside the UK. This is because similar checks already exist within the UK, removing the need for Scottish reviewers to authorise cremations in Scotland for deaths in England, Wales, or Northern Ireland.

2. Do you have any further comments about Part 2 of the Bill?