Coroners and Justice Act 2009

Part 4 Terms of office of senior, area and assistant coroners

Status of office

9 The offices of senior coroner, area coroner and assistant coroner are not to be regarded as freehold offices.

Vacation or termination of office

10 A senior coroner, area coroner or assistant coroner must vacate office on reaching the age of 70.

11 (1) The senior coroner or an area coroner or assistant coroner for an area (“the relevant coroner area”) must vacate office immediately if—

(a) he or she becomes a councillor for a local authority, and

(b) the area of that local authority is the same as or falls within the relevant coroner area.

(2) In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.

12 The senior coroner or an area coroner or assistant coroner for an area may resign office by giving notice in writing to the relevant authority for the area.

But the resignation does not take effect unless and until it is accepted by the authority.

13 (1) The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove a senior coroner, area coroner or assistant coroner from office for incapacity or misbehaviour.

(2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).

Discipline

14 Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (discipline) applies in relation to the offices of senior coroner, area coroner and assistant coroner as it would apply if those offices were listed in Schedule 14 to that Act.

Salary of senior and area coroners

15 (1) The senior coroner for an area is entitled to a salary.

(2) The amount of the salary is to be whatever is from time to time agreed by the senior coroner and the relevant authority for the area.

(3) If the senior coroner and the relevant authority cannot agree about an alteration in the amount of the salary—

(a) either of them may refer the matter to the Lord Chancellor;

(b) the Lord Chancellor may determine the amount of the salary and the date on which it is to become payable.

Any alteration in the amount of salary is to take effect in accordance with the Lord Chancellor’s determination.

(4) In making a determination under sub-paragraph (3), the Lord Chancellor must have regard—

(a) to the nature and extent of the coroner’s functions, and

(b) to all the circumstances of the case.

(5) The salary to which the senior coroner for an area is entitled under this paragraph is payable by the relevant authority for the area.

(6) This paragraph applies in relation to an area coroner for an area as it applies in relation to the senior coroner for an area (references to the senior coroner being read as references to an area coroner).

Fees payable to assistants

16 (1) An assistant coroner for an area is entitled to fees.

(2) The amount of the fees is to be whatever is agreed from time to time by the assistant coroner and the relevant authority for the area.

(3) The fees to which an assistant coroner for an area is entitled under this paragraph are payable by the relevant authority for the area.

Pensions for senior and area coroners

17 A relevant authority for a coroner area must make provision for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been senior coroners or area coroners for the area.

Prohibition on receipt of fees etc

18 Except as permitted by or under this or any other Act, a senior coroner, area coroner or assistant coroner may not accept any remuneration or fee in respect of anything done by that coroner in the performance of his or her functions.

Other terms of office

19 Subject to the preceding provisions of this Part, the senior coroner or an area coroner or assistant coroner for an area holds office on whatever terms are from time to time agreed by that coroner and the relevant authority for the area.