Coroners Act 1988

4 Coroners’ districts. E+W

(1) The Secretary of State may by order divide, amalgamate or otherwise alter the coroners’ districts for the time being existing in a metropolitan county [F1 , special non-metropolitan county] or Greater London; and before making any such order, the Secretary of State shall consult the councils and coroners appearing to him to be affected by the order and such other persons as he thinks appropriate.

(2) The council of a non-metropolitan county [F2 in England] may, and shall if directed to do so by the Secretary of State, after complying with such requirements as to notice and consideration of objections as may be prescribed, submit to the Secretary of State a draft order providing—

(a) for such alteration of any existing division of the county into coroners’ districts as appears to them suitable; or

(b) where there is no such division, for the division of the county into such coroners’ districts as they think expedient;

and the Secretary of State, after taking into consideration any objections to the draft made in the prescribed manner and within the prescribed time, may make the order, either in the terms of the draft submitted to him or with such modifications as he thinks fit.

(3) If by reason of any order under subsection (2) above it is in the opinion of the Secretary of State necessary that the number of coroners for a non-metropolitan county should be increased,

(a) the council shall appoint such number of additional coroners for that county as the Secretary of State may direct; and

(b) section 1(3) above shall apply with respect to any such appointment as if a vacancy had occurred in the office of coroner for that county.

(4) Where a non-metropolitan county [F2 in England] is divided into coroners’ districts, each of the coroners for that county shall be assigned to one of those districts; and where a non-metropolitan county is not so divided, the following provisions of this Act shall have effect as if the whole of that county were a coroner’s district.

(5) Except as provided by this Act, a coroner appointed for or assigned to a coroner’s district—

(a) shall for all purposes be regarded as a coroner for the whole administrative area [F3 in England] which includes that district; and

(b) shall have the same jurisdiction, rights, powers and authorities throughout that area as if he had been appointed as coroner for that area or, as the case may be, had not been assigned to that district.

[F4 (5A) Subsections (2) to (5) above shall not apply to a non-metropolitan county the whole of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above [F5 or a special non-metropolitan county].

(5B) In the application of this section to a non-metropolitan county part of which is included in such a coroner’s district as is mentioned in section 1(1)(b) above, any reference in subsections (2)(a) and (b), (3) and (4) to a county shall be construed as a reference to so much of that county as is not so included.]

(6) The power to make orders under this section shall be exercisable by statutory instrument; and a statutory instrument containing an order under this section shall be laid before each House of Parliament after being made.

(7) An order under subsection (2) above shall be published in the London Gazette and particulars of any order under that subsection shall be published by the council of the non-metropolitan county in such manner as may be prescribed.

(8) In this section “prescribed” means prescribed by the Secretary of State either by general rules made by statutory instrument or by directions given as respects any particular occasion.

Annotations:

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Amendments (Textual)

F1 Words in s. 4(1) inserted (1.4.1998) by S.I. 1998/465, reg. 2(7)

F2 Words in s. 4(2) and (4) inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 82(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5 (with art. 9(5))

F3 Words in s. 4(5)(a) inserted (3.4.1995) by 1994 c. 19, s. 66(6), Sch. 16 para. 82(4) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 9(1), Sch. 5 (with art. 9(5))

F4 S. 4(5A)(5B) inserted (1.4.1996) by S.I. 1996/655, reg. 2(5)

F5 Words in s. 4(5A) inserted (1.4.1998) by S.I. 1998/465, reg. 2(8)