Local Government (Wales) Act 1994

The Coroners Act 1988 (c. 13) E+W

82 F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 2 of that Act (qualifcations for appointment as coroner), in subsection (3), after first “county” insert “ in England ”, and after subsection (2) insert—

“(2A) A person shall, so long as he is a councillor of a Welsh principal area, and for six months after he ceases to be one, be disqualified for being a coroner for a coroner’s district which, or any part of which, falls within that area.”

(4) In section 4 of that Act (coroners’ districts), in subsections (2) and (4), after first “county” in each case insert “ in England ”, and in subsection (5)(a), after “administrative area” insert “ in England ”.

(5) After section 4 of that Act insert—

“4A Coroners’ districts: Wales.

(1) The Secretary of State may by order divide, amalgamate or otherwise alter—

(a) any coroner’s district for the time being existing in Wales; or

(b) any such coroners’ districts.

(2) Before making any order under subsection (1) above, 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.

(3) The Secretary of State may, in relation to any area in Wales (the “review area”), direct the council or councils for each Welsh principal area which, or any part of which, falls within the review area to consider any of the following questions—

(a) whether any alteration should be made in a boundary between coroners’ districts which falls within the review area;

(b) whether a new coroner’s district should be created for the whole or any part of the review area;

(c) whether a coroner’s district which falls wholly within the review area should be abolished.

(4) The council or councils to whom such a direction is given shall submit their conclusions to the Secretary of State, together with a statement of their reasons for reaching those conclusions.

(5) In making an order under subsection (1) above in a case where he has given a direction under subsection (3) above, the Secretary of State shall have regard to any proposals made to him under subsection (4) above.

(6) Where the Secretary of State intends to give effect to any such proposals without modification, subsection (2) above shall not require him to consult the council or councils who made those proposals.

(7) An order made under subsection (1) above may make such incidental, consequential, transitional or supplemental provision as appears to the Secretary of State to be appropriate.

(8) Except as provided by this Act, a coroner appointed for any coroner’s district in Wales—

(a) shall for all purposes be regarded as a coroner for the whole of Wales; and

(b) shall have the same jurisdiction, rights, powers and authorities throughout Wales as if he had been appointed as coroner for the whole of Wales.

(9) The power to make orders under this section shall be exercisable by statutory instrument.

(10) Any such statutory instrument shall be laid before each House of Parliament after being made.”

(6) In section 22 of that Act (removal of body for post mortem examination), in the definition of “local authority” in subsection (6), for “district or London borough” substitute “ district, London borough or Welsh principal area ”.

(7) In section 27 of that Act (coroner’s accounts), in subsection (3)(b), after “county council” insert “ in England ” and after “fund;” insert—

“(bb) in the case of the council of a Welsh principal area, out of the council fund;”.

(8) In section 27(4) of that Act, for the words from “district consisting of” to “districts or boroughs” substitute— “district—

(a) consisting of two or more metropolitan districts or London boroughs, or

(b) which lies partly in each of two or more Welsh principal areas,

the expenses of the councils of those districts, boroughs or areas ”.

F1 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 35(1) of that Act (interpretation), in the definition of “administrative area”, after “means” insert “ Wales, ” and after “county” insert “ in England ”, and after the definition of “relevant council” insert—

““Welsh principal area” means Welsh county or county borough”.

Textual Amendments

F1 Sch. 16 para. 82(1)(2)(9) repealed (1.4.1996) by S.I. 1996/655, reg. 3; S.I. 1996/396, art. 4, Sch. 2

Commencement Information

I1 Sch. 16 para. 82 wholly in force at 1.4.1996; Sch. 16 para. 82 not in force at Royal Assent see s. 66; Sch. 16 para. 82(5) in force for certain purposes at 3.4.1995 by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(1)-(3) in force at 3.4.1995 for certain purposes and 1.4.1996 otherwise by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(4) in force at 3.4.1995 by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(5) in force at 3.4.1995 for certain purposes by S.I. 1995/852, art. 9(1), Sch. 5 (subject to art. 9(2)-(5)); Sch. 16 para. 82(6)-(10) at 1.4.1996 by S.I. 1996/396, art. 4, Sch. 2 (which Sch. 16 para. 82(9) is repealed (1.4.1996) by S.I. 1996/655, reg. 3)