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Giving information to the registrar other than in person and dispensing with signing the
register

21 (1) A qualified informant who is required under the 1976 Order to give
information concerning a death or still-birth to a registrar, but who is unable
5to attend before a registrar in person, may give that information—

(a) by telephone, or

(b) by electronic means.

(2) The duty of a qualified informant to sign the register does not apply where
information is given in reliance on sub-paragraph (1).

(3) 10Where information is given in reliance on sub-paragraph (1), that
information is to be regarded for the purposes of the 1976 Order as having
been given in the manner that is required by the 2012 Regulations.

(4) An entry in the register of deaths or the register of still-births for which, by
virtue of sub-paragraph (2), no signature is required is to be treated as an
15entry signed by a qualified informant for the purposes of the 2012
Regulations.

(5) A qualified informant is to be treated as unable to attend before a registrar
in person for the purposes of sub-paragraph (1) if it would be unreasonable
or impracticable for the person to do so (whether because of illness, the need
20to care for others, the risk of infection, staff shortages at the registrar’s office
or any other reason).

22 In accordance with paragraph 21

(a) Form 2 has effect as if at entry number 15 for “Signature” there were
substituted “Name of person professing to be informant”;

(b) 25Form 3 has effect as if at entry number 16 for “Signature of
informant” there were substituted “Name of person professing to be
informant”.

Signing of certificates of cause of death

23 (1) This paragraph applies if—

(a) 30a person dies as a result of any natural illness,

(b) the person was treated by a registered medical practitioner (“A”)
within 28 days prior to the date of the person’s death,

(c) the time when (apart from this paragraph) A would be required to
sign the certificate of cause of death under Article 25(2) falls within
35any period for which this paragraph has effect,

(d) at that time, A is unable to sign the certificate or it is impracticable for
A to do so, and

(e) another registered medical practitioner (“B”) can state to the best of
B’s knowledge and belief the cause of death.

(2) 40B may sign the certificate of cause of death under Article 25(2).

(3) B is subject to the other duties applicable to a person who has signed such a
certificate.

(4) A is not subject to any duties in relation to such a certificate.

24 (1) This paragraph applies if—

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(a) a person dies as a result of any natural illness,

(b) the person was not treated by a registered medical practitioner
within 28 days prior to the date of the person’s death, and

(c) a registered medical practitioner (“C”) can state to the best of C’s
5knowledge and belief the cause of death.

(2) C may sign the certificate of cause of death under Article 25(2).

(3) C is subject to the other duties applicable to a person who has signed such a
certificate.

25 Where B or C proposes to sign a certificate under Article 25(2) in reliance on
10paragraph 23 or 24, Form 12 has effect as if—

(a) the two lines beginning with “Date on which was last seen alive and
treated by me” were omitted, and

(b) for “has died as a result of the natural illness or disease for which he
has been treated by me within twenty eight days prior to the date of
15death” there were substituted “has died as a result of the cause of
death referred to above”.

26 Where C signs a certificate under Article 25(2) in reliance on paragraph 24,
section 7 of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) has effect
as if the words “for which he had been seen and treated by a registered
20medical practitioner within twenty-eight days prior to his death” were
omitted.

Giving certificate of cause of death directly

27 (1) This paragraph applies if—

(a) a registered medical practitioner signs a certificate of cause of death
25under Article 25(2) (whether or not the certificate is signed in reliance
on paragraph 23 or 24), and

(b) the certificate is signed during any period for which this paragraph
has effect.

(2) The medical practitioner—

(a) 30must forthwith send a copy of the certificate, together with such
other particulars as are prescribed under Article 25(2), to the
registrar by electronic means,

(b) is not required to give the certificate to the informant (but may do
so).

(3) 35The informant is not subject to any duties in relation to the certificate.

28 In accordance with paragraph 27

(a) Article 22 has effect as if the words “, accompanied by such medical
certificate of the cause of the death as is required by Article 25 to be
given to the registrar,” were omitted;

(b) 40Article 25(3) has effect as if after “paragraph (2)” there were inserted
“or give the registrar a copy of such a certificate”;

(c) Article 25(4) has effect as if for the words from “An informant” to
“and” there were substituted “Where a registered medical
practitioner gives to the registrar a copy of the certificate which the
45practitioner has signed under Article 25(2) together with such other
particulars as are required under Article 25(2) to be given by the
practitioner,”.

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Giving certificate of registration, or written notice, of death directly

29 Article 29 (certificate of registration of death) has effect with the following
modifications—

(a) paragraph (1) has effect as if—

(i) 5after “person giving information concerning the death” there
were inserted “or the person who effects the disposal of, or
performs any funeral service for, the body of the deceased
person”;

(ii) after “a certificate in the prescribed form”, the words “under
10his hand” were omitted;

(b) paragraph (2) has effect as if—

(i) for “the person sending the notice, if required to do so,” there
were substituted “the person who effects the disposal of, or
performs any funeral service for, the body of the deceased
15person”;

(ii) after “a certificate in the prescribed form”, the words “under
his hand” were omitted.

Transitional provision

30 Anything relating to the registration of a death or still-birth that,
20immediately before the end of any period for which any provision of this
Part of this Schedule has effect, is in the process of being done in reliance on
that provision may continue to be done after the end of that period in
reliance on that provision.

Section 19

SCHEDULE 13 25Review of medical certificates of cause of death and cremations: Scotland

Part 1 Review of medical certificates of cause of death

Interpretation

1 (1) In this Part of this Schedule—

  • 30“the 1965 Act” means the Registration of Births, Deaths and Marriages
    (Scotland) Act 1965;

  • “the 2011 Act” means the Certification of Death (Scotland) Act 2011 (asp
    11).

(2) Expressions used in this Part of this Schedule and in the 2011 Act have the
35same meanings as in that Act.

Power to suspend review of certain medical certificates of cause of death

2 (1) This paragraph applies at any time the Scottish Ministers are of the view
that—

(a) the incidence or transmission of coronavirus constitutes a serious
40and imminent threat to public health, and

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(b) the exercise of the powers conferred by this paragraph will be an
effective means of expediting the disposal of bodies and better utilise
medical resources.

(2) The Scottish Ministers may, by direction, suspend—

(a) 5the referral of medical certificates of cause of death for review under
section 24A of the 1965 Act,

(b) the right of an interested person to apply for a review of a medical
certificate of cause of death under section 4(1) of the 2011 Act, and

(c) the review of medical certificates of cause of death under section 8(1)
10of the 2011 Act.

(3) Before making a direction under sub-paragraph (2), the Scottish Ministers
must consult the senior medical reviewer (or, if unavailable, the medical
reviewer who is to perform the senior medical reviewer’s functions in such
circumstances).

(4) 15A direction under sub-paragraph (2)

(a) is to have effect until it is revoked by the Scottish Ministers making a
direction to that effect;

(b) must suspend all of the matters in paragraphs (a) to (c) of that sub-
paragraph;

(c) 20may be made on more than one occasion.

(5) The Scottish Ministers must—

(a) give a copy of any direction made under this paragraph to the
Registrar General, and

(b) publish it in such manner as they consider appropriate.

25Effect of direction on existing reviews referred under section 24A of the 1965 Act

3 (1) This paragraph applies to any review of a medical certificate of cause of
death, other than one falling within paragraph 5, which—

(a) was referred for review under section 24A of the 1965 Act prior to a
direction being made under paragraph 2(2), and

(b) 30has not been completed at the time the direction is made.

(2) The medical reviewer or, as the case may be, senior medical reviewer must—

(a) stop conducting the review, and

(b) notify the relevant registrar that the death may be registered.

Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act

4 (1) 35This paragraph applies to any review of a medical certificate of cause of
death, other than one falling within paragraph 5

(a) in respect of which an application was made under section 4(1) of the
2011 Act (other than one which has been rejected as vexatious under
section 4(3) of that Act) prior to a direction being made under
40paragraph 2(2) of this Schedule, and

(b) which has not been completed at the time the direction is made.

(2) The medical reviewer or, as the case may be, senior medical reviewer must—

(a) pause the review until such time as the direction is revoked,

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(b) notify the persons mentioned in section 13(3) of the 2011 Act of the
pause, and

(c) notify the relevant registrar that the death may be registered (if it has
not already been registered).

5Automatic referral of medical certificates of the cause of death to procurator fiscal

5 (1) A review of a medical certificate of cause of death falls within this paragraph
if—

(a) the review has not been completed at the time a direction under
paragraph 2(2) is made, and

(b) 10the medical reviewer or, as the case may be, senior medical reviewer
conducting the review considers that it may be appropriate to refer
the certificate to the procurator fiscal for investigation into the cause
of death of the deceased person to whom the certificate relates under
section 11, 12 or 16 of the 2011 Act.

(2) 15Where a review falls within this paragraph, the medical reviewer or, as the
case may be, senior medical reviewer must refer the certificate to the
procurator fiscal for investigation into the cause of death of the deceased
person to whom the certificate relates under section 11, 12 or 16 of the 2011
Act.

20Part 2 Cremations

Interpretation

6 (1) In this Part of this Schedule—

  • “the 2016 Act” means the Burial and Cremation (Scotland) Act 2016
    25(asp 20);

  • “the 2019 Regulations” means the Cremation (Scotland) Regulations
    2019 (S.S.I. 2019/36).

(2) Expressions used in this Part of this Schedule and in the 2016 Act have the
same meanings as in that Act.

30Application

7 This Part of this Schedule applies at any time the Scottish Ministers are of the
view that—

(a) the incidence or transmission of coronavirus constitutes a serious
and imminent threat to public health, and

(b) 35the exercise of powers conferred by this Part of this Schedule will be
an effective means of expediting the disposal of bodies and better
utilise resources.

Suspension of offence relating to signing of declaration

8 (1) The Scottish Ministers may determine that section 49 of the 2016 Act
40(offences relating to applications for cremation) is not to have effect in
relation to signing the declaration in an application for cremation made
under section 48(1) of the 2016 Act in accordance with the 2019 Regulations
on or after such date as may be specified in the determination.

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(2) A determination under sub-paragraph (1) may be revoked by the Scottish
Ministers making a determination to that effect.

(3) The Scottish Ministers must publish any determination made under this
paragraph in such manner as they consider appropriate.

5Suspension of provisions relating to collection of ashes

9 (1) The Scottish Ministers may determine that the provisions listed in sub-
paragraph (2) are to have no effect from such date as may be specified in the
determination.

(2) The provisions are—

(a) 10section 53 of the 2016 Act (failure to collect ashes);

(b) section 54 of the 2016 Act (power of funeral director in relation to
ashes);

(c) section 55 of the 2016 Act (duties of cremation authority where ashes
returned);

(d) 15regulation 12(1), (2) and (3) of the 2019 Regulations;

(e) regulation 13(2), (3) and (4) of the 2019 Regulations.

(3) A determination under sub-paragraph (1) may be revoked by the Scottish
Ministers making a determination to that effect.

(4) The Scottish Ministers must publish any determination made under this
20paragraph in such manner as they consider appropriate.

Retention of ashes during period provisions are suspended

10 (1) This paragraph applies where—

(a) a determination has been made under paragraph 9(1) and not been
revoked, and

(b) 25a cremation authority or, as the case may be, funeral director is
retaining ashes—

(i) in respect of which the wishes of the applicant as to how the
ashes are to be dealt with are not known, or

(ii) that have not been collected.

(2) 30The cremation authority or, as the case may be, funeral director must retain
the ashes until—

(a) the ashes are collected by the applicant (or by some other person in
accordance with the applicant’s wishes), or

(b) the determination under paragraph 9(1) is revoked and the duties
35under paragraph 11 have been met.

Resumption of duties in relation to retained ashes after revocation

11 (1) This paragraph applies where—

(a) a determination under paragraph 9(1) is revoked, and

(b) a cremation authority or, as the case may be, funeral director is
40retaining ashes—

(i) in respect of which the wishes of the applicant as to how the
ashes are to be dealt with are not known, or

(ii) that have not been collected.

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(2) Irrespective of whether of any steps were taken to ascertain the wishes of the
applicant in relation to the ashes prior to the revocation of the
determination—

(a) a cremation authority must comply with the duties in section 53(2) of
5the 2016 Act or, as the case may be, section 55(2) of that Act as soon
as reasonably practicable;

(b) a funeral director must comply with the duty in section 54(2) of the
2016 Act as soon as reasonably practicable.

(3) For the purposes of sub-paragraph (2)(a), the specified period in sections
1053(2) and 55(2)(a) of the 2016 Act is to be a period of 4 weeks beginning with
the date on which the determination under paragraph 9(1) was revoked.

Suspension of local authority duty to make enquiries as to surviving relatives

12 (1) This paragraph applies where—

(a) a determination has been made under paragraph 9(1) and not been
15revoked, and

(b) a local authority is making arrangements for a person’s remains to
cremated under section 87 of the 2016 Act.

(2) In making an application under section 48(1) of the 2016 Act, the local
authority may elect—

(a) 20not to take steps to ascertain how the ashes of the cremated person
are to be disposed of at that time, and

(b) submit the application without making any declaration to that effect.

(3) Where the local authority makes such an election, it must retain the ashes
until such time as—

(a) 25the determination is revoked, and

(b) the duty in sub-paragraph (4)(a) has been met.

(4) As soon as practicable after the revocation of the determination, the local
authority must—

(a) take reasonable steps to ascertain whether there is a surviving
30relative, and

(b) if there is such a relative, in accordance with that relative’s wishes,
direct the cremation authority to (as the case may be)—

(i) make the ashes available for collection,

(ii) dispose of the ashes in the manner indicated by the relative
35or in the specified manner, or

(iii) retain the ashes.

(5) Where the local authority is unable to identity a surviving relative or
ascertain a relative’s wishes, it may direct the cremation authority to dispose
of the ashes in accordance with the 2016 Act.

(6) 40Sub-paragraph (3) does not apply where a relative of the deceased person
notifies the local authority of the way in which the ashes should be dealt
with.

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Section 26

SCHEDULE 14 Information relating to food supply chains: financial penalties

Notice of intent

1 (1) Before an appropriate authority imposes a financial penalty on a person
5under section 26, the authority must by written notice (a “notice of intent”)
inform the person that it intends to impose the penalty.

(2) The notice of intent must specify—

(a) the amount of the proposed financial penalty,

(b) the reasons for proposing to impose the penalty, and

(c) 10information about the right to make representations in accordance
with this Schedule.

Amount of penalty

2 (1) The maximum amount of a financial penalty that may be specified in a
notice of intent given to a person who is carrying on a business consisting of
15the provision of goods or services is 1% of the qualifying turnover of the
person.

(2) In sub-paragraph (1), “qualifying turnover”, in relation to a person, means
the amount of the person’s turnover for their most recent complete
accounting period (or, if their first accounting period has not yet ended, the
20amount the appropriate authority estimates to be the likely turnover for that
period).

(3) For the purposes of sub-paragraph (2) the amount of a person’s turnover for
an accounting period is, in the event of a disagreement between the person
and the appropriate authority, the amount determined by that authority.

(4) 25For the purposes of this paragraph—

  • “accounting period”, in relation to a person, means a period in respect
    of which accounts are prepared in relation to that person;

  • “turnover”, in relation to a person, means the amounts derived from the
    provision of goods and services by the person, after deduction of
    30trade discounts, value added tax and any other taxes based on the
    amounts so derived.

Right to make representations

3 A person to whom a notice of intent is given may, within the period of 14
days beginning with the day after that on which the notice was given, make
35written representations about the proposed financial penalty to the
appropriate authority which gave the notice.

Final notice

4 (1) After the end of the period of 14 days referred to in paragraph 3 the
appropriate authority which gave the written notice must—

(a) 40decide whether to impose a financial penalty on the person, and

(b) if the authority decides to do so, decide the amount of the penalty
(which may not exceed the amount proposed in the notice of intent).

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(2) If the appropriate authority decides to impose a financial penalty on the
person, it must do so by written notice (a “final notice”).

(3) The final notice must require the person to pay the financial penalty within
the period of 28 days beginning with the day after that on which the notice
5was given to the person.

(4) The final notice must specify—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) information about how to pay the penalty,

(d) 10the period for payment of the penalty,

(e) information about rights of appeal, and

(f) the consequences of failure to comply with the notice (including the
consequences specified in paragraph 5).

Late payment

5 (1) 15This paragraph applies if a person to whom a final notice is given does not
pay the financial penalty specified in the notice within the period of 28 days
referred to in paragraph 4(3).

(2) The amount of the penalty is increased by 50%.

(3) The appropriate authority which gave the final notice may publish, in such
20manner as it thinks fit—

(a) the fact that the penalty has been imposed on the person,

(b) the amount of the penalty, and

(c) the grounds on which it was imposed.

Withdrawal or amendment of notice

6 (1) 25The appropriate authority may at any time—

(a) withdraw a notice of intent or final notice, or

(b) reduce the amount specified in a notice of intent or final notice.

(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing
to the person to whom the notice of intent or final notice was given.

30Appeals

7 (1) A person on whom a financial penalty is imposed by a final notice may
appeal against the notice—

(a) in England and Wales, to the First-tier Tribunal,

(b) in Scotland, to the sheriff or summary sheriff, and

(c) 35in Northern Ireland, to a county court.

(2) The grounds for an appeal under this paragraph are that—

(a) the decision to impose the financial penalty was based on an error of
fact,

(b) the decision was wrong in law,

(c) 40the amount of the penalty is unreasonable, or

(d) the decision was unreasonable for any other reason.

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(3) If a person appeals under this paragraph, the final notice is suspended until
the appeal is finally determined or withdrawn.

(4) On an appeal under this paragraph the tribunal, court, sheriff or summary
sheriff may—

(a) 5quash the final notice,

(b) confirm the final notice,

(c) vary the final notice by reducing the amount of the financial penalty,
or

(d) remit to the appropriate authority the decision whether to—

(i) 10withdraw or confirm the final notice, or

(ii) vary the final notice by reducing the amount of the financial
penalty.

Enforcement

8 If a person does not pay the whole or any part of a financial penalty which
15the person is liable to pay under this Schedule, the penalty or part of the
penalty is recoverable—

(a) in England and Wales or Northern Ireland, if the county court so
orders, as if it were payable under an order of that court, and

(b) in Scotland, in the same manner as an extract registered decree
20arbitral bearing a warrant for execution issued by the sheriff court of
any sheriffdom in Scotland.

Section 35

SCHEDULE 15 Temporary closure of educational institutions and childcare premises

Part 1 25England and Wales

Schools, 16 to 19 Academies, further and higher education providers

1 (1) The Secretary of State may give a temporary closure direction that applies
to—

(a) one or more named educational institutions in England;

(b) 30all educational institutions in England (or any part of England);

(c) educational institutions in England (or any part of England) of a
particular description.

(2) The Welsh Ministers may give a temporary closure direction that applies
to—

(a) 35one or more named educational institutions in Wales;

(b) all educational institutions in Wales (or any part of Wales);

(c) educational institutions in Wales (or any part of Wales) of a
particular description.

(3) A temporary closure direction under this paragraph is a direction that
40requires the responsible body of an educational institution to which it