C28

Prospective affecting provision: section substituted by Civil Registration (Electronic Registration) Act 2024 (27/2024), s. 14, not commenced as of date of revision.

F175[Notification of death and medical certification of cause of death

42.—(1) It shall be the duty of—

(a) where a death occurs in a hospital or other institution, the chief officer (by whatever name called) of the hospital or other institution in which the death occurs, or a person authorised by the chief officer to perform his or her functions, or

(b) where a death occurs other than in a hospital or other institution, the medical practitioner who attended to the deceased person immediately before or after the death occurred,

to notify an tArd-Chláraitheoir in such manner as he or she may specify, as soon as is practicable and in any case no later than 5 working days—

(i) after the death occurred, or

(ii) where section 41(2)(b) applies, after the death has been referred by the coroner under that subparagraph,

of the death.

(2) A notification under subsection (1) shall contain—

(a) so many of the required particulars in relation to the death as are known at the relevant time to the person providing the particulars, and

(b) subject to subsection (4), the cause of death as determined by a registered medical practitioner to the best of his or her knowledge and belief where—

(i) the death has not been referred to a coroner in pursuance of the Coroners Act 1962, or

(ii) the death has been referred by a coroner under section 41(2)(b).

(3) On receipt of a notification under subsection (1), an tArd-Chláraitheoir may issue to a person referred to at paragraph (a) or (b) of section 37(1) a notice to comply with his or her duties under this Part.

(4) If it is not possible for a medical practitioner in relation to whom this section applies to comply with his or her duty in relation to determining the cause of death under this section within 5 working days of the death concerned, he or she shall notify an tArd Chláraitheoir of the date by which he or she shall comply with that duty to determine the cause of death.]

C29

References to “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc.

108.—(1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

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