Coroners and Justice Act 2009

Valid from 02/07/2013

43 Coroners regulations E+W

(1) The Lord Chancellor may make regulations—

(a) for regulating the practice and procedure at or in connection with investigations under this Part (other than the practice and procedure at or in connection with inquests);

(b) for regulating the practice and procedure at or in connection with examinations under section 14;

(c) for regulating the practice and procedure at or in connection with exhumations under paragraph 6 of Schedule 5.

Regulations under this section are referred to in this Part as “Coroners regulations”.

(2) Coroners regulations may be made only if—

(a) the Lord Chief Justice, or

(b) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this subsection by the Lord Chief Justice,

agrees to the making of the regulations.

(3) Coroners regulations may make—

(a) provision for the discharge of an investigation (including provision as to fresh investigations following discharge);

(b) provision for or in connection with the suspension or resumption of investigations;

(c) provision for the delegation by a senior coroner, area coroner or assistant coroner of any of his or her functions;

(d) provision allowing information to be disclosed or requiring information to be given;

(e) provision giving to the Lord Chancellor or the Chief Coroner power to require information from senior coroners;

(f) provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;

(g) provision with respect to the preservation, retention, release or disposal of bodies (including provision with respect to reinterment and with respect to the issue of orders authorising burial);

(h) provision, in relation to authorisations under paragraph 3 of Schedule 5 or entry and search under such authorisations, equivalent to that made by any provision of sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60), subject to any modifications the Lord Chancellor thinks appropriate;

(i) provision, in relation to the power of seizure conferred by paragraph 3(4)(a) of that Schedule, equivalent to that made by any provision of section 21 of that Act, subject to any modifications the Lord Chancellor thinks appropriate;

(j) provision about reports under paragraph 7 of that Schedule.

This subsection is not to be read as limiting the power in subsection (1).

(4) Coroners regulations may apply any provisions of Coroners rules.

(5) Where Coroners regulations apply any provisions of Coroners rules, those provisions—

(a) may be applied to any extent;

(b) may be applied with or without modifications;

(c) may be applied as amended from time to time.