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The Lancashire (Coroners) Order 1998

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Statutory Instruments

1998 No. 360

CORONERS

The Lancashire (Coroners) Order 1998

Made

19th February 1998

Laid before Parliament

27th February 1998

Coming into force

1st April 1998

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.—(1) This Order may be cited as the Lancashire (Coroners) Order 1998 and shall come into force on 1st April 1998.

(2) In this Order—

“the 1988 Act” means the Coroners Act 1988(2);

“the 1996 Order” means the Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996(3).

2.—(1) There shall be a single coroner’s district for the county of Blackburn (which county comes into existence on 1st April 1998 by virtue of article 6(2) of the 1996 Order) and for so much of the county of Lancashire as is included in the existing Blackburn, Hyndburn and the Ribble Valley Coroner’s District.

(2) The council of the borough of Blackburn shall be the relevant council for the purposes of the 1988 Act for the coroner’s district constituted by paragraph (1) above.

(3) The person who, on 31st March 1998, is the coroner for the existing Blackburn, Hyndburn and the Ribble Valley Coroner’s District by virtue of having been appointed for or assigned to that district shall be deemed to have been appointed coroner for the coroner’s district constituted by paragraph (1) above by the council of the borough of Blackburn.

(4) Any agreement between the person to whom paragraph (3) above applies and the council of the county of Lancashire (as the relevant council for the purposes of the 1988 Act prior to 1st April 1998) as to his salary and pension as a coroner shall have effect as if made between him and the council of the borough of Blackburn.

(5) Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for the existing Blackburn, Hyndburn and the Ribble Valley Coroner’s District shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above with the approval of the chairman of the council of the borough of Blackburn.

3.—(1) There shall be a single coroner’s district for the county of Blackpool (which county comes into existence on 1st April 1998 by virtue of article 6(3) of the 1996 Order) and for so much of the county of Lancashire as is included in the existing Blackpool and Fylde Coroner’s District.

(2) The council of the borough of Blackpool shall be the relevant council for the purposes of the 1988 Act for the coroner’s district constituted by paragraph (1) above.

(3) The person who, on 31st March 1998, is the coroner for the existing Blackpool and Fylde Coroner’s District by virtue of having been appointed for or assigned to that district shall be deemed to have been appointed coroner for the coroner’s district constituted by paragraph (1) above by the council of the borough of Blackpool.

(4) Any agreement between the person to whom paragraph (3) above applies and the council of the county of Lancashire (as the relevant council for the purposes of the 1988 Act prior to 1st April 1998) as to his salary and pension as a coroner shall have effect as if made between him and the council of the borough of Blackpool.

(5) Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for the existing Blackpool and Fylde Coroner’s District shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above with the approval of the chairman of the council of the borough of Blackpool.

4.—(1) Any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, made, given, begun or done by or to the coroner for the relevant new coroner’s district.

(2) All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.

(3) In this article—

(a)the coroner’s district constituted by article 2(1) above is the relevant new coroner’s district for the existing Blackburn, Hyndburn and the Ribble Valley Coroner’s District;

(b)the coroner’s district constituted by article 3(1) above is the relevant new coroner’s district for the existing Blackpool and Fylde Coroner’s District; and

(c)“coroner” includes any deputy or assistant deputy coroner.

Gareth Williams

Parliamentary Under-Secretary of State

Home Office

19th February 1998

Explanatory Note

(This note is not part of the Order)

This Order makes provision about coroners in consequence of the provisions of the Lancashire (Boroughs of Blackburn and Blackpool) (Structural Change) Order 1996 (S.I. 1996/1868) which creates new counties of Blackburn and Blackpool on 1st April 1998.

Article 2(1) of this Order combines the county of Blackburn with part of the county of Lancashire to form a single coroner’s district. Article 2(2) makes the council of the borough of Blackburn the relevant council for the purposes of the Coroners Act 1988. The relevant council is responsible for the appointment of coroners and has other functions in connection with coroners under that Act. Article 2(3) provides for the person who, on 31st March 1998, holds the office of coroner for Blackburn, Hyndburn and the Ribble Valley to continue as coroner for the new coroner’s district.

Article 3 of this Order makes similar provision for the county of Blackpool.

Article 4 makes transitional arrangements to ensure continuity as respects the coroners for the new coroners' districts.

(3)

S.I. 1996/1868.

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