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Coroners and Justice Act 2009

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  • specified provision(s) amendment to earlier commencing SI 2010/145 Sch. para. 27(a) by S.I. 2010/186 art. 2
  • specified provision(s) amendment to earlier commencing SI 2010/816 art. 7(2) by S.I. 2011/722 art. 2(2)

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Commencement Orders bringing legislation that affects this Act into force:

Part 1 E+W+S+N.I.Coroners etc

Cremation Act 1902 (c. 8)E+W+S+N.I.

1In section 10 of the Cremation Act 1902 (saving for coroners), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.E+W+S+N.I.

Births and Deaths Registration Act 1926 (c. 48)E+W+S+N.I.

2The Births and Deaths Registration Act 1926 is amended as follows.E+W+S+N.I.

3In section 4 (prohibition of removal of body out of England without notice), for “the coroner within whose jurisdiction the body is lying” substitute “ the senior coroner in whose area the body is situated, ”.E+W+S+N.I.

4In section 5 (burial of still-born children), for the words after “delivered to him” substitute either— E+W+S+N.I.

(a)a certificate given by the registrar under section 11(2) or (3) of the Births and Deaths Registration Act 1953, or

(b)in a case in relation to which a senior coroner has made enquiries under section 1(7) of the Coroners and Justice Act 2009 (or has purported to conduct an investigation under Part 1 of that Act), an order of the coroner.

Visiting Forces Act 1952 (c. 67)E+W+S+N.I.

5(1)Section 7 of the Visiting Forces Act 1952 (provisions as to coroners' inquests etc) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)Subsections (1A) and (1B) of this section apply if a coroner who has jurisdiction to conduct an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is satisfied that the deceased person, at the time of the death, had a relevant association with a visiting force.

(1A)If no investigation into the person's death has begun, the coroner shall not begin an investigation unless directed to do so by the Lord Chancellor.

(1B)If an investigation into the person's death has begun but has not been completed, the coroner shall suspend the investigation unless directed not to do so by the Lord Chancellor.

(3)In subsection (2)—

(a)for the words from “the last” to “a death” substitute “ subsections (1) to (1B) of this section, if in the course of an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death ”,

(b)for “Secretary of State” substitute “ Lord Chancellor ”,

(c)for the words from “adjourn the inquest” to “discharge the jury,” substitute “ suspend the investigation ”, and

(d)for “at the inquest” substitute “ in the course of the investigation ”.

(4)After subsection (2) insert—

(2A)A coroner who suspends an investigation under this section shall—

(a)adjourn any inquest being held as part of the investigation, and

(b)discharge any jury that has been summoned.

(2B)The suspension of an investigation under this section does not prevent its suspension under Schedule 1 to the Coroners and Justice Act 2009; and vice versa.

(5)For subsection (3) substitute—

(3)Where an investigation is suspended under this section, the coroner shall not resume it except on the direction of the Lord Chancellor.

(3A)Where the investigation is resumed, the coroner must resume any inquest that was adjourned under subsection (2A).

(3B)A resumed inquest may be held with a jury if the coroner thinks that there is sufficient reason for it to be held with one.

(6)In subsection (4), for the words from “the Secretary of State” to “to be held” substitute “ the Lord Chancellor under subsection (1A) or (3) of this section, an investigation is required to be conducted ”.

(7)In subsection (5), for “section two of the said Act of 1926” substitute “ section 24 of the Births and Deaths Registration Act 1953 ”.

(8)For subsection (7) substitute—

(7)In the application of this section to Northern Ireland—

(a)in subsection (1), for “a coroner who has jurisdiction to conduct an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death” there is substituted “ a coroner who has jurisdiction under the Coroners Act (Northern Ireland) 1959 to hold an inquest into a person's death ”;

(b)in subsection (1A), for “no investigation” there is substituted “ no inquest ” and for “an investigation” there is substituted “ an inquest ”;

(c)in subsection (1B), for “an investigation” there is substituted “ an inquest ”, and for “suspend the investigation” there is substituted “ adjourn the inquest ”;

(d)in subsection (2)—

(i)for “in the course of an investigation under Part 1 of the Coroners and Justice Act 2009” there is substituted “ on an inquest ”;

(ii)for “suspend the investigation” there is substituted “ adjourn the inquest ”;

(iii)for “in the course of the investigation” there is substituted “ at the inquest ”;

(e)in subsection (2A), for the words from “suspends an investigation” to the end there is substituted “ adjourns an inquest under this section shall discharge any jury that has been summoned ”;

(f)in subsection (3), for “investigation is suspended” there is substituted “ inquest is adjourned ”;

(g)subsection (3A) is omitted;

(h)in subsection (3B), for “A resumed inquest” there is substituted “ An inquest resumed under this section ”;

(i)subsections (4) and (5) are omitted.

Births and Deaths Registration Act 1953 (c. 20)E+W+S+N.I.

6The Births and Deaths Registration Act 1953 is amended as follows.E+W+S+N.I.

7In section 2 (information concerning birth to be given to registrar within 42 days), in paragraph (ii) of the proviso, for “an inquest is held at which” substitute “ an investigation is conducted under Part 1 of the 2009 Act, other than one that is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination), in the course of which ”.E+W+S+N.I.

8(1)Section 16 (information concerning death in a house) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (a), for “any relative of the deceased person” substitute “ any person who is a relative or the partner of the deceased and who was ”,

(b)in paragraph (b), for “any other relative of the deceased residing or being” substitute “ any person who is a relative or the partner of the deceased and who is or resides ”, and

(c)after paragraph (b) insert—

(ba)any personal representative of the deceased;.

(3)In subsection (3)—

(a)in paragraph (a), for “the nearest relative such” substitute “ each such person ”,

(b)in paragraph (b)—

(i)for “no such relative” substitute “ no such person ”, and

(ii)for “each such relative” substitute “ each such person ”,

(c)in paragraph (c)—

(i)for “if there are no such relatives” substitute “ if neither of paragraphs (a) and (b) above applies ”, and

(ii)for “paragraph (c) or (d)” substitute “ paragraph (ba), (c) or (d) ”,

(d)in paragraph (d), for “if there are no such relatives or persons as aforesaid” substitute “ if none of paragraphs (a) to (c) above applies ”, and

(e)for “five days from the date of the death” substitute “ five days from the relevant date ”.

(4)In that subsection, for paragraph (ii) of the proviso substitute—

(ii)this subsection shall not have effect if an investigation is conducted under Part 1 of the 2009 Act into the death of the deceased person and has not been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination).

(5)After that subsection insert—

(4)In this section, the expression “the relevant date” means—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); or

(b)where an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act, the date of the discontinuance.

9(1)Section 17 (information concerning other deaths) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)in paragraph (a), for “any relative of the deceased who” substitute “ any person who is a relative or the partner of the deceased and who ”, and

(b)after that paragraph insert—

(aa)any personal representative of the deceased;.

(3)In subsection (3)—

(a)in paragraph (a), for “relative” substitute “ person ”,

(b)in paragraph (b), for “relatives” substitute “ persons ”,

(c)for “five days from the date of the death or of the finding of the body” substitute “ five days from the relevant date ”, and

(d)for paragraph (ii) of the proviso substitute—

(ii)this subsection shall not have effect if an investigation is conducted under Part 1 of the 2009 Act into the death of the deceased person and has not been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination).

(4)After that subsection insert—

(4)In this section, the expression “the relevant date” means—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); or

(b)where an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act, the date of the discontinuance.

10(1)Section 18 (notice preliminary to information of death) is amended as follows.E+W+S+N.I.

(2)For the words from the beginning to “that person's death” substitute “ If, before the expiration of five days from the relevant date, a qualified informant of a person's death ”.

(3)For the words from “accompanied by a notice” to “the cause of death,” substitute “ accompanied by a confirmed attending practitioner's certificate, or a medical examiner's certificate issued in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death), ”.

(4)For “from the date aforesaid” substitute “ from the relevant date ”.

(5)At the end of that section (which becomes subsection (1)) insert—

(2)In this section, the expression “the relevant date” means—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); or

(b)where an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination), the date of the discontinuance.

11(1)In section 19 (registrar's power to require information concerning death), subsection (1) is amended as follows.E+W+S+N.I.

(2)For the words from the beginning to “the registrar may” substitute—

(A1)This section applies where, after the expiration of the relevant period from—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death), or

(b)where an investigation under Part 1 of that Act into a person's death is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination), the date of the discontinuance,

the death of that person has, owing to the default of the persons required to give information concerning it, not been registered.

(1)The registrar may.

(3)For paragraph (ii) of the proviso substitute—

(ii)an investigation under Part 1 of the 2009 Act is conducted into the death of the deceased person and has not been discontinued under section 4 of that Act.

12In section 20 (registration of death free of charge) omit the words from “, at any time” to “of any person,”.E+W+S+N.I.

13Omit section 21 (registration of death after twelve months).E+W+S+N.I.

14For section 22 substitute—E+W+S+N.I.

22Registration of cause of death on receipt of medical certificate

(1)This section applies where—

(a)the registrar is given a confirmed attending practitioner's certificate, or a medical examiner's certificate, in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death); and

(b)no investigation into the death under Part 1 of that Act is conducted.

(2)The registrar shall enter in the register the cause of death as stated in the certificate, together with—

(a)the name of the medical examiner and such information about the examiner as may be prescribed; and

(b)where an attending practitioner's certificate was prepared, the name of the practitioner by whom it was prepared and such information about that practitioner as may be prescribed.

15(1)Section 23 (furnishing of information by coroner) is amended as follows.E+W+S+N.I.

(2)For subsection (2) substitute—

(2)Where there has been an investigation under Part 1 of the 2009 Act into a death and the senior coroner sends to the registrar a certificate giving information concerning the death, including the particulars found under section 10(1)(b) of that Act, the registrar shall in the prescribed form and manner register the death and those particulars; and, if the death has been previously registered, those particulars shall be entered in the prescribed manner without any alteration of the original entry.

(2ZA)Where under section 40(8)(a)(i) of the 2009 Act the Chief Coroner amends a finding under section 10(1)(b) of that Act and sends to the registrar a certificate setting out the amended particulars, the registrar shall in the prescribed form and manner register the amended particulars without any alteration of the original entry.

(3)For subsection (2A) substitute—

(2A)Where—

(a)an investigation under Part 1 of the 2009 Act into a death is suspended under Schedule 1 to that Act, and

(b)the senior coroner sends to the registrar a certificate stating the particulars required by this Act to be registered concerning the death (so far as they have been ascertained at the date of the certificate),

the registrar shall in the prescribed form and manner register the death and those particulars.

(2B)Where—

(a)an investigation under Part 1 of the 2009 Act into a death is suspended under paragraph 2 of Schedule 1 to that Act (suspension where certain criminal proceedings brought), and

(b)the senior coroner sends to the registrar a certificate—

(i)stating the result of the proceedings in respect of the charge or charges by reason of which the investigation was suspended, or of any proceedings that had to be concluded before the investigation could be resumed, or

(ii)setting out any changes or additions to the particulars mentioned in subsection (2A) of this section,

the registrar shall in the prescribed form and manner register the result of those proceedings, or the changes or additions, without any alteration of the original entry.

(2C)Where—

(a)an investigation under Part 1 of the 2009 Act into a death is suspended under paragraph 3 of Schedule 1 to that Act (suspension pending inquiry), and

(b)the senior coroner sends to the registrar a certificate—

(i)stating the findings of the inquiry by reason of which the investigation was suspended,

(ii)stating the result of any proceedings that had to be concluded before the investigation could be resumed, or

(iii)setting out any changes or additions to the particulars mentioned in subsection (2A) of this section,

the registrar shall in the prescribed form and manner register the findings of that inquiry, or the result of those proceedings, or the changes or additions, without any alteration of the original entry.

(4)In subsection (3), for the words from the beginning to “stating” substitute “ Where an investigation is discontinued under section 4 of the 2009 Act by reason of an examination under section 14 of that Act (post-mortem examinations) and the senior coroner sends to the registrar a certificate stating ”.

16(1)Section 23A (giving of information concerning a death to a person other than the registrar) is amended as follows.E+W+S+N.I.

(2)In subsection (2), for paragraphs (a) and (b) substitute—

(a)if there has been no investigation under Part 1 of the 2009 Act into the death, a copy of a confirmed attending practitioner's certificate, or of a medical examiner's certificate, given to the registrar in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death); and

(b)if an investigation into the death has been discontinued under section 4 of that Act by reason of an examination under section 14 of that Act (post-mortem examinations), a copy of a certificate from the senior coroner stating the cause of death as disclosed by the report of the person making the examination;.

(3)In subsection (5), after “a relative” insert “ or the partner ”.

(4)Omit subsection (6).

17In section 24 (certificates as to registration of death), in subsection (1), for “has received a certificate under section twenty-two of this Act” substitute “ has been given a confirmed attending practitioner's certificate or a medical examiner's certificate in accordance with regulations under section 20 of the 2009 Act ”.E+W+S+N.I.

18(1)Section 29 (correction of error in registers) is amended as follows.E+W+S+N.I.

(2)After subsection (3) insert—

(3A)In the case of a death in relation to which the registrar has been given a confirmed attending practitioner's certificate, or a medical examiner's certificate, in accordance with regulations under section 20 of the 2009 Act—

(a)no correction under subsection (3) of this section relating to the cause of death may be made without the approval of the medical examiner concerned;

(b)any error of fact or substance relating to the cause of death in a register of deaths may be corrected by entry in the margin (without any alteration of the original entry) by the officer having the custody of the register on being notified by the medical examiner of the nature of the error and the true facts of the case.

(3B)In the case of a death in relation to which an investigation under Part 1 of the 2009 Act has been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination)—

(a)no correction under subsection (3) of this section relating to the cause of death may be made without the approval of the senior coroner concerned;

(b)any error of fact or substance relating to the cause of death in a register of deaths may be corrected by entry in the margin (without any alteration of the original entry) by the officer having the custody of the register on being notified by the senior coroner of the nature of the error and the true facts of the case.

(3)In paragraph (a) of subsection (4), for “touching which he has held an inquest” substitute “ into which he has conducted an investigation under Part 1 of the 2009 Act (other than one that has been discontinued under section 4 of that Act) ”.

(4)Omit paragraph (b) of that subsection and the word “or” preceding it.

19After section 33 insert—E+W+S+N.I.

33AShort certificate of death

(1)Any person shall—

(a)on furnishing the prescribed particulars, and

(b)on payment of such fee as may be specified in regulations made by the Minister by statutory instrument,

be entitled to obtain from the Registrar General, a superintendent registrar or a registrar a short certificate of the death of any person.

(2)Any such certificate shall be in the prescribed form and shall be compiled in the prescribed manner from the records and registers in the custody of the Registrar General, or from the registers in the custody of the superintendent registrar or registrar, as the case may be, and shall contain such particulars as may be prescribed.

(3)A statutory instrument containing regulations under subsection (1)(b) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

20In section 34 (entry in register as evidence of birth or death) omit subsection (4).E+W+S+N.I.

21(1)In section 41 (interpretation) insert the following definitions at the appropriate places—E+W+S+N.I.

  • the 2009 Act” means the Coroners and Justice Act 2009;”;

  • “ “attending practitioner's certificate” has the meaning given by section 20(1)(a) of the 2009 Act;”;

  • “ “confirmed attending practitioner's certificate” means an attending practitioner's certificate in respect of which the cause of death has been confirmed by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the 2009 Act;”;

  • “ “medical examiner” means a person appointed under section 19 of the 2009 Act;”;

  • “ “medical examiner's certificate” has the meaning given by section 20(1)(h) of the 2009 Act;”;

  • “ “partner” (except in the expression “civil partner”) is to be read in accordance with subsection (2) of this section.

(2)At the end of that section (which becomes subsection (1)) insert—

(2)A person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.

(3)A reference in this Act to an investigation under Part 1 of the 2009 Act being conducted includes a reference to the case where such an investigation has begun and—

(a)has not yet finished,

(b)is suspended under Schedule 1 to that Act (whether temporarily or otherwise), or

(c)is discontinued under section 4 of that Act.

Courts Act 1971 (c. 23)E+W+S+N.I.

22In Schedule 2 to the Courts Act 1971 (certain office-holders eligible for appointment as circuit judges), in Part 1A, for “Coroner appointed under section 2 of the Coroners Act 1988” substitute “ Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ”.E+W+S+N.I.

22In Schedule 2 to the Courts Act 1971 (certain office-holders eligible for appointment as circuit judges), in Part 1A, for “Coroner appointed under section 2 of the Coroners Act 1988” substitute “ Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ”.E+W+S+N.I.

Pensions (Increase) Act 1971 (c. 56)E+W+S+N.I.

23In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 61, after “the Coroners Act 1988” insert “ or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 ”.E+W+S+N.I.

Juries Act 1974 (c. 23)E+W+S+N.I.

24In section 19 of the Juries Act 1974 (payment for jury service), in subsections (2) and (5), for “the Coroners Act 1988” substitute “ Schedule 7 to the Coroners and Justice Act 2009 ”.E+W+S+N.I.

Health and Safety at Work etc. Act 1974 (c. 37)E+W+S+N.I.

25(1)In section 34 of the Health and Safety at Work etc. Act 1974 (extension of time for bringing summary proceedings), subsection (1) is amended as follows.E+W+S+N.I.

(2)In paragraph (c), for “a coroner's inquest is held touching” substitute “ an investigation under Part 1 of the Coroners and Justice Act 2009 is conducted into ”.

(3)For the words from “from the report” to “proceedings at the inquest or” substitute “ from the report or investigation or, in a case falling within paragraph (d) above, from the proceedings at the ”.

(4)For “report, inquest or inquiry” substitute “ report, investigation or inquiry ”.

(5)For “conclusion of the inquest” substitute “ conclusion of the investigation ”.

House of Commons Disqualification Act 1975 (c. 24)E+W+S+N.I.

26In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert the following entries at the appropriate place—E+W+S+N.I.

Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.

Coroner for Treasure.

Deputy Chief Coroner appointed by the Lord Chancellor under that Part who is not also a senior coroner.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W+S+N.I.

27In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert the following entries at the appropriate place—E+W+S+N.I.

Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.”

“Coroner for Treasure.”

“Deputy Chief Coroner appointed by the Lord Chancellor under that Part who is not also a senior coroner.

Magistrates' Courts Act 1980 (c. 43)E+W+S+N.I.

28In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143)—E+W+S+N.I.

(a)omit the entry relating to the Coroners Act 1988, and

(b)after the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000 insert—

CORONERS AND JUSTICE ACT 2009
In Schedule 6, paragraphs 5 (refusal to serve as juror etc) and 6 (refusal to give evidence etc)£1000

Access to Health Records Act 1990 (c. 23)E+W+S+N.I.

29(1)Section 3 of the Access to Health Records Act 1990 (right of access to health records) is amended as follows.E+W+S+N.I.

(2)In subsection (1) (persons entitled to access), at the end insert—

(g)where the patient has died, a medical examiner exercising functions by virtue of section 20 of the Coroners and Justice Act 2009 in relation to the death.

(3)In subsection (4) (fee for access), at the end insert—

Paragraphs (a) and (b) above do not apply in the case of access for which an application is made under subsection (1)(g) above.

Courts and Legal Services Act 1990 (c. 41)E+W+S+N.I.

30In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred from legal practice), for “Coroner appointed under section 2 of the Coroners Act 1988” substitute “ Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ”.E+W+S+N.I.

Judicial Pensions and Retirement Act 1993 (c. 8)E+W+S+N.I.

31In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other offices that may be qualifying judicial offices), after the entry relating to the Adjudicator to Her Majesty's Land Registry there is inserted— “ Coroner for Treasure. Deputy Chief Coroner appointed by the Lord Chancellor who is not also a senior coroner ”E+W+S+N.I.

Merchant Shipping Act 1995 (c. 21)E+W+S+N.I.

32The Merchant Shipping Act 1995 is amended as follows.E+W+S+N.I.

33In section 108 (returns of births and deaths in ships etc), in subsection (6)(b), for “is satisfied that an inquest is unnecessary” substitute “ discontinues an investigation under Part 1 of the Coroners and Justice Act 2009 or, as the case may be, is satisfied that an inquest under the Coroners Act (Northern Ireland) 1959 is unnecessary ”.E+W+S+N.I.

34In section 271 (inquiries into deaths of crew members and others), in subsection (6), for “where” to the end substitute where— E+W+S+N.I.

(a)in England and Wales, an investigation is to be conducted under Part 1 of the Coroners and Justice Act 2009;

(b)in Northern Ireland, an inquest is to be held under the Coroners Act (Northern Ireland) 1959;

(c)in Scotland, an enquiry is to be held under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.

35(1)Section 273 (transmission of particulars of certain deaths on ships) is amended as follows.E+W+S+N.I.

(2)In paragraph (a), for “or a post mortem examination” to the end substitute “ or subsection (2) below applies; and ”.

(3)At the end of that section (which becomes subsection (1)) insert—

(2)This subsection applies where—

(a)in England and Wales, an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination); or

(b)in Northern Ireland, a preliminary investigation is made of a dead body as a result of which the coroner is satisfied that an inquest is unnecessary.

Employment Rights Act 1996 (c. 18)E+W+S+N.I.

36(1)The Employment Rights Act 1996 is amended as follows.E+W+S+N.I.

(2)In section 43M (jury service), in subsection (1)(a), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.

(3)In section 98B (jury service), in subsection (1)(a), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.

Treasure Act 1996 (c. 24)E+W+S+N.I.

37The Treasure Act 1996 is amended as follows.E+W+S+N.I.

38For section 7 (jurisdiction of coroners) substitute—E+W+S+N.I.

7Jurisdiction of coroners

(1)As regards Northern Ireland, the jurisdiction of coroners which is referred to in section 33 of the Coroners Act (Northern Ireland) 1959 (treasure) is exercisable in relation to anything that is treasure for the purposes of this Act.

(2)That jurisdiction is not exercisable for the purposes of the law relating to treasure trove in relation to anything found after the commencement of section 4.

(3)The Act of 1959 has effect subject to this section.

(4)An inquest held by virtue of subsection (1) is to be held without a jury, unless the coroner orders otherwise.

(5)As regards England and Wales, see Chapter 4 of Part 1 of the Coroners and Justice Act 2009 (which confers jurisdiction on the Coroner for Treasure in relation to an object that is or may be treasure, or treasure trove found before the commencement of section 4).

39(1)Section 8 (duty of finder to notify coroner) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “coroner for the district in which the object was found” substitute “ Coroner for Treasure ”.

(3)In subsection (4), for “coroner” substitute “ Coroner for Treasure ”.

(4)For subsection (5) substitute—

(5)If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure.

(6)This section has effect subject to section 8B.

(5)After that subsection insert—

(7)In its application to Northern Ireland this section has effect as if—

(a)in subsection (1), for “Coroner for Treasure” there were substituted “ coroner for the district in which the object was found ”;

(b)in subsection (4), for “Coroner for Treasure” there were substituted “ coroner ”; and

(c)in subsection (5), for the words from “Coroner for Treasure” to the end there were substituted “ coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (1) ”.

40After section 8A (inserted by section 30 of this Act) insert—E+W+S+N.I.

8BNotice under section 8 or 8A to designated officer

(1)A requirement under section 8 or 8A to give a notification to the Coroner for Treasure (or an Assistant Coroner for Treasure) may, if the relevant place falls within an area for which there is a designated officer, be complied with by giving the notification to that officer.

(2)A designated officer must notify the Coroner for Treasure of all notifications given under subsection (1).

(3)If the office of Coroner for Treasure is vacant, notification under subsection (2) must be given to an Assistant Coroner for Treasure.

(4)In this section—

  • designated officer” means an officer designated by an order made by statutory instrument by the Secretary of State;

  • the relevant place” means—

    (a)

    in relation to a requirement under section 8, the place where the object in question was found;

    (b)

    in relation to a requirement under section 8A, the place where the treasure in question is located.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In its application to Northern Ireland this section has effect as if—

(a)in subsection (1), for “the Coroner for Treasure (or an Assistant Coroner for Treasure)” there were substituted “ a coroner ”;

(b)in subsection (2), for “Coroner for Treasure” there were substituted “ coroner for the district in which the relevant place falls ”;

(c)in subsection (3), for the words from “Coroner for Treasure” to “Assistant Coroner for Treasure” there were substituted “ coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (2) ”.

8COffences under section 8 or 8A: period for bringing proceedings

(1)Proceedings for an offence under section 8 or 8A may be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge; but no such proceedings may be brought by virtue of this subsection more than three years after the commission of the offence.

(2)For the purposes of subsection (1)—

(a)a certificate signed by or on behalf of the prosecutor and stating the date on which the evidence referred to in that subsection came to the prosecutor's knowledge shall be conclusive evidence to that effect; and

(b)a certificate to that effect and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

41For section 9 substitute—E+W+S+N.I.

9Procedure for investigations: England and Wales

(1)Before conducting an investigation concerning an object, the Coroner for Treasure must—

(a)notify the appropriate national museum;

(b)take reasonable steps to notify—

(i)any person who the coroner thinks may have found the object; and

(ii)any person who, at the time the object was found, occupied land that the coroner thinks may be where it was found.

(2)During an investigation the Coroner for Treasure must take reasonable steps to notify any person within subsection (1)(b) who has not already been notified.

(3)Before or during an investigation, the Coroner for Treasure must take reasonable steps—

(a)to obtain the names and addresses of any other interested persons; and

(b)to notify any interested person whose name and address he obtains.

(4)The Coroner for Treasure must take reasonable steps to give any interested person an opportunity to examine witnesses at any inquest held as part of an investigation.

(5)In this section—

  • the appropriate national museum” means—

    (a)

    the British Museum, if the object in question was found or is believed to have been found in England;

    (b)

    the National Museum of Wales, if it was found or is believed to have been found in Wales;

  • interested person” has the meaning given by section 47(6) of the Coroners and Justice Act 2009;

  • investigation” means an investigation under section 26 of that Act.

(6)This section extends only to England and Wales.

9AProcedure for inquests: Northern Ireland

(1)Before conducting an inquest concerning an object, a coroner must—

(a)notify the Department of the Environment for Northern Ireland;

(b)take reasonable steps to notify—

(i)any person who the coroner thinks may have found the object; and

(ii)any person who, at the time the object was found, occupied land that the coroner thinks may be where it was found.

(2)During the inquest the coroner must take reasonable steps to notify any person within subsection (1)(b) who has not already been notified.

(3)Before or during the inquest, the coroner must take reasonable steps—

(a)to obtain the names and addresses of any other interested persons; and

(b)to notify any interested person whose name and address he obtains.

(4)The coroner must take reasonable steps to give any interested person an opportunity to examine witnesses at the inquest.

(5)In this section—

  • inquest” means an inquest held by virtue of section 7(1);

  • interested person” means—

    (a)

    the Department of the Environment for Northern Ireland;

    (b)

    the finder of the object in question or any person otherwise involved in the find;

    (c)

    the occupier, at the time the object was found, of the land where it was found or is believed to have been found;

    (d)

    a person who had an interest in that land at that time or who has had such an interest since;

    (e)

    any other person with a sufficient interest.

(6)This section extends only to Northern Ireland.

42Omit section 13.E+W+S+N.I.

Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7)E+W+S+N.I.

43In section 4 of the Northern Ireland (Location of Victims' Remains) Act 1999 (restrictions on forensic testing), in subsection (2), for “for the purposes of an inquest, the identity” substitute for the purposes of— E+W+S+N.I.

(a)an inquest under the Coroners Act (Northern Ireland) 1959, or

(b)an investigation under Part 1 of the Coroners and Justice Act 2009,

the identity.

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

44In section 32 of the Freedom of Information Act 2000 (court records etc), in subsection (4)(b), for “any inquest or” substitute “ any investigation under Part 1 of the Coroners and Justice Act 2009, any inquest under the Coroners Act (Northern Ireland) 1959 and any ”.E+W+S+N.I.

International Criminal Court Act 2001 (c. 17)E+W+S+N.I.

45In section 35 of the International Criminal Court Act 2001 (orders for exhumation), for “section 23 of the Coroners Act 1988 (c. 13)” substitute “ paragraph 6 of Schedule 5 to the Coroners and Justice Act 2009 ”.E+W+S+N.I.

Courts Act 2003 (c. 39)E+W+S+N.I.

46In Schedule 3A to the Courts Act 2003 (further provision about the inspectors of court administration), in paragraph 2(2) (inspection programmes and inspection frameworks: consultation etc), after “the Lord Chief Justice of England and Wales” insert “ , the Chief Coroner ”.E+W+S+N.I.

Human Tissue Act 2004 (c. 30)E+W+S+N.I.

47The Human Tissue Act 2004 is amended as follows.E+W+S+N.I.

48In section 1 (authorisation of activities for scheduled purposes), in subsection (2), for the words after “shall be lawful” substitute if done with the appropriate consent and after— E+W+S+N.I.

(a)the confirmation of the cause of death by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the Coroners and Justice Act 2009 or the issue by a medical examiner of a certificate of the cause of death in accordance with regulations under section 20(1)(h)(i) of that Act, or

(b)the signing of a certificate under Article 25(2) of the Births and Deaths Registration (Northern Ireland) Order 1976 of the cause of the person's death.

49(1)Section 5 (prohibition of activities without consent etc) is amended as follows.E+W+S+N.I.

(2)In subsection (3), for the words from “neither” to the end substitute none of the following has happened in relation to the death of the person concerned—

(a)the confirmation of the cause of death by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the Coroners and Justice Act 2009 or the issue by a medical examiner of a certificate of the cause of death in accordance with regulations under section 20(1)(h)(i) of that Act;

(b)the signing of a certificate under Article 25(2) of the Births and Deaths Registration (Northern Ireland) Order 1976 of the cause of death.

(3)In subsection (4)(a)(i), for “a certificate under either of those provisions has been signed in relation to the cause of death of the person concerned” substitute “ one of the things mentioned in paragraphs (a) and (b) of that subsection has happened in relation to the death of the person concerned ”.

50In section 43 (preservation for transplantation), after subsection (5) insert—E+W+S+N.I.

(5A)Section 11(2) applies to an act on authority under subsection (1) above as it applies to an act on authority under section 1.

Constitutional Reform Act 2005 (c. 4)E+W+S+N.I.

51In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices and enactments), at the end of Part 3 insert—E+W+S+N.I.

Coroner for TreasureParagraph 1 of Schedule 4 to the Coroners and Justice Act 2009
Deputy Chief CoronerParagraph 2(5) of Schedule 8 to the Coroners and Justice Act 2009

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