Coroners and Justice Act 2009

Senior and assistant coroners

3 (1) Sub-paragraphs (2) and (3) apply on the coming into force of the repeal by this Act of sections 1 to 7 of the 1988 Act.

(2) A person who—

(a) immediately before the repeal was the coroner for a district, and

(b) would, but for the repeal, continue in office,

is to be treated as having been appointed under paragraph 1(1) of Schedule 3 as the senior coroner for the corresponding coroner area.

(3) A person who—

(a) immediately before the repeal was the deputy coroner or an assistant deputy coroner appointed by the coroner for a district, and

(b) would, but for the repeal, continue in office,

is to be treated as having been appointed under paragraph 2(4) of Schedule 3 as an assistant coroner for the corresponding coroner area.

(4) A person who—

(a) becomes an assistant coroner as the result of sub-paragraph (3), and

(b) would accordingly (but for this sub-paragraph) be entitled to fees under paragraph 16 of Schedule 3,

is instead entitled to a salary under paragraph 15 of that Schedule if immediately before becoming an assistant coroner he or she was a deputy coroner remunerated by a salary.

(5) Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area coroner included a reference to a person within sub-paragraph (4).

(6) Paragraphs 3 and 4 of Schedule 3 do not apply in relation to a deemed appointment under sub-paragraph (2) or (3) above.

(7) Paragraph 10 of that Schedule does not apply to a person who becomes a senior coroner, area coroner or assistant coroner as the result of sub-paragraph (2) or (3) above.

(8) Sub-paragraphs (9) to (11) apply where an order under paragraph 2 of Schedule 2 has the effect of creating a coroner area (“the new area”) that consists of or includes some or all of the area of one or more existing coroner areas (“the old areas”).

(9) A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become the senior coroner or an area coroner for the new area at its inception if he or she is someone who—

(a) was treated by virtue of sub-paragraph (2) above as having been appointed as the senior coroner for one of the old areas, and

(b) held office as such immediately before the inception of the new area.

(10) A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become an assistant coroner for the new area at its inception if he or she is someone who—

(a) was treated by virtue of sub-paragraph (2) or (3) above as having been appointed as the senior coroner or an assistant coroner for one of the old areas, and

(b) held office as such immediately before the inception of the new area.

(11) Paragraph 10 of that Schedule does not apply to—

(a) a person within paragraphs (a) and (b) of sub-paragraph (9) above who becomes the senior coroner for the new area at its inception;

(b) a person within paragraphs (a) and (b) of sub-paragraph (10) above who becomes an assistant coroner for the new area at its inception.