The Durham (Coroners) Order 1997

Statutory Instruments

1997 No. 498

LOCAL GOVERNMENT, ENGLAND AND WALES

CORONERS

The Durham (Coroners) Order 1997

Made

21st February 1997

Laid before Parliament

5th March 1997

Coming into force

1st April 1997

The Secretary of State in exercise of the powers conferred on him by sections 17 and 26 of the Local Government Act 1992(1) hereby makes the following Order:

1.  This Order may be cited as the Durham (Coroners) Order 1997 and shall come into force on 1st April 1997.

2—(1) There shall be a single coroner’s district, called the Darlington and South Durham Coroner’s District, for the County of Darlington (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Durham (Borough of Darlington) (Structural Change) Order 1995(2)) and for so much of the County of Durham as is not included in the North Durham Coroner’s District.

(2) The Council of the County of Durham shall be the relevant council within the meaning of section 1(1A) of the Coroners Act 1988(3) for the coroner’s district constituted by paragraph (1) above.

(3) The person who, at 31st March 1997, is the coroner for the existing South Durham Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.

(4) Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing South Durham Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.

3.—(1) On 1st April 1997, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the existing South Durham Coroner’s District shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.

(2) All documents, exhibits, registers and other things in the custody of the coroner for the existing South Durham Coroner’s District in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.

(3) In this article “coroner” includes any deputy coroner or assistant deputy coroner.

Tom Sackville

Parliamentary Under-Secretary of State

Home Office

21st February 1997

Explanatory Note

(This note is not part of the Order)

This Order makes provision about coroners in consequence of the creation of the County of Darlington by article 8(2) of the Durham (Borough of Darlington) (Structural Change) Order 1995 on 1st April 1997.

Article 2(1) of this Order combines that new county with part of the County of Durham to form a single coroner’s district. Article 2(2) makes the County of Durham Council the relevant council within the meaning of section 1 of the Coroners Act 1988. The relevant council is responsible for the appointment of coroners and other functions in connection with coroners under that Act. Article 2(3) provides for the person who, on 31st March 1997, holds the office of coroner for South Durham to continue as coroner for the new coroner’s district.

Article 3 makes transitional arrangements to ensure continuity as respects the coroner for the new coroner’s district.

(1)

1992 c. 19.

(2)

S.I. 1995/1772.

(3)

1988 c. 13; section 1(1A) was inserted by S.I. 1996/655.