The Medical Examiners (Wales) Regulations 2024

Procedure for the independence of medical examiners

6.—(1) Where a medical examiner receives a request from an appointing body to exercise any relevant function in relation to a death, and is insufficiently independent in relation to that death, the medical examiner must comply with the steps set out in paragraphs (2) and (3).

(2) The medical examiner must not exercise any relevant function in relation to the death or, where relevant, must cease exercising any relevant function immediately upon becoming aware of the insufficient independence.

(3) The medical examiner must without unreasonable delay—

(a) make a record of which of the circumstances set out in paragraph (6) apply in relation to the death, and

(b) notify their appointing body in writing.

(4) Where a medical examiner notifies their appointing body under paragraph (3)(b), the medical examiner must ensure that the appointing body is provided with—

(a) a copy of the record made in accordance with paragraph (3)(a),

(b) any information relating to the death which the medical examiner has received, and

(c) any records made by the medical examiner in connection with any relevant function exercised in relation to the death.

(5) For the purposes of paragraphs (1) to (3)—

(a) a medical examiner is insufficiently independent in relation to a death where, at the time of the death, one or more of the circumstances in paragraph (6) applies;

(b) any reference to the medical examiner being aware of the insufficient independence includes any time when the medical examiner ought to have been so aware.

(6) The circumstances are that the medical examiner—

(a) is the spouse, former spouse, civil partner or former civil partner of—

(i) the deceased person (“D”),

(ii) the relevant attending practitioner (“AP”), or

(iii) any other relevant medical practitioner (“OP”),

(b) is, or was, living together with D, AP or OP as if they were spouses or civil partners,

(c) is, or was, closely related to D, AP or OP,

(d) believes they attended D during the course of D’s lifetime,

(e) is, or was, a partner, employer, employee or associate of D, AP or OP,

(f) has a financial interest in D’s estate, or

(g) has, or had, any other association, relationship or connection with D, AP or OP such as to give rise to a reasonable doubt as to the medical examiner’s ability to carry out objectively in relation to the death any of the relevant functions.

(7) In paragraph (6), “closely related” means a parent, sister, half-sister, brother, half-brother, son, daughter, uncle, aunt, grandparent, grandchild, first cousin, nephew, niece, parent-in-law, grandchild-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, stepchild, step-parent, stepbrother or stepsister.

(8) In paragraph (7), references to step relationships and in-laws are to be read in accordance with section 246 of the Civil Partnership Act 2004(1) (interpretation of statutory references to stepchildren etc.).

(1)

2004 c. 33.