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Coroners and Justice Act 2009

Schedule 22: Transitory, transitional and saving provisions

807.Under paragraph 1 of Schedule 22, the Lord Chancellor must make an order so that all existing coroners’ districts will become coroner areas and will be known by the name by which the coroner’s district was previously known (but ending coroner area rather than coroner’s district). Paragraph 2 of Schedule 22 provides that the relevant authority for each new coroner area will be the authority which had been the relevant council for the coroner’s district from which it was derived.

808.Paragraph 3 provides that any person who was a coroner for a district immediately before the 1988 Act was repealed will be treated as having been appointed as a senior coroner under paragraph 1 of Schedule 3 for the corresponding coroner area. It also provides that any person who was a deputy coroner or assistant deputy coroner under the 1988 Act will be treated as having been appointed as an assistant coroner under paragraph 2(4) of Schedule 3 for the corresponding coroner area.

809.Paragraph 3 also enables a solely medically qualified coroner, or coroner over 70, who was appointed under the 1988 Act, to continue to be a coroner if for example their own jurisdiction merges with a neighbouring one following implementation of the Act. This provision will enable the small number of coroners, who are medically rather than legally qualified and/or over 70, and who will be treated as appointed on implementation of the Act, to become coroners/assistant coroners if their areas are altered by an order under Schedule 2.

810.Paragraphs 14 to 21 make detailed transitional provision in relation to investigation anonymity orders and witness anonymity orders. This is required, primarily, for two reasons. First, the replacement by the Armed Forces Act 2006 of earlier arrangements for service courts and, secondly, the replacement by Part 3, Chapter 2, of the original witness anonymity order provisions in the CEWAA. The transitional provisions deal, for example, with the situation where a witness anonymity order has been made under the CEWAA and which requires discharge or variation after the present Act comes into force. This includes orders made by old style service courts in cases where the new service courts under the Armed Forces Act 2006 will in future exercise jurisdiction.

811.Paragraph 46 provides a transitional provision in relation to the reference to District Judge (Magistrates’ Courts) in new paragraph 1(1A) of Schedule 9 to the 1998 Act, as inserted by paragraph 14(2) of Schedule 20 (new powers for the Information Commissioner to apply for a warrant for failure to comply with the requirements of an assessment notice). The effect of the transitional provision is that new paragraph 1(1A) is to be read as if the words “District Judge (Magistrates’ Courts)” were omitted until paragraph 8 of Schedule 4 to the Courts Act 2003 is commenced.

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