The Cleveland (Coroners) Order 1996

Statutory Instruments

1996 No. 657

LOCAL GOVERNMENT, ENGLAND AND WALES

CORONERS

The Cleveland (Coroners) Order 1996

Made

7th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Secretary of State in exercise of the powers conferred upon him by sections 17 and 26 of the Local Government Act 1992(1) hereby makes the following Order:

1.—(1) This Order may be cited as the Cleveland (Coroners) Order 1996 and shall come into force on 1st April 1996.

(2) In this Order “the 1988 Act” means the Coroners Act 1988(2).

2.—(1) There shall be a single coroner’s district, called the Teesside Coroner’s District, for the Counties of Middlesbrough, Redcar and Cleveland and Stockton-on-Tees (which counties come into existence on 1st April 1996 by virtue of article 3 of the Cleveland (Further Provision) Order 1995(3)).

(2) The Council of the Borough of Middlesbrough shall be the relevant council within the meaning of section 1(1A) of the 1988 Act(4) for the coroner’s district constituted by paragraph (1) above.

(3) The person who, at 31st March 1996, is the coroner for the existing Central Cleveland Coroner’s District of the County of Cleveland by virtue of having been appointed for or assigned to that district shall be deemed on 1st April 1996 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.

(4) Any agreement between the person to whom paragraph (3) above applies and Cleveland County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1996) as to his salary and pension as a coroner shall be deemed on and after 1st April 1996 to have effect as if originally made between him and Middlesbrough Borough Council.

(5) Any person who, at 31st March 1996, is a deputy or assistant deputy coroner for the existing Central Cleveland Coroner’s District shall be deemed on 1st April 1996 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.

3.—(1) The person who, at 31st March 1996, is the coroner for the existing North Cleveland Coroner’s District of the County of Cleveland by virtue of having been appointed for or assigned to that district shall be deemed on 1st April 1996 to be appointed coroner for the County of Hartlepool (which county comes into existence on 1st April 1996 by virtue of article 3 of the Cleveland (Further Provision) Order 1996).

(2) Any agreement between the person to whom paragraph (1) above applies and Cleveland County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1996) as to his salary and pension as a coroner shall be deemed on and after 1st April 1996 to have effect as if originally made between him and Hartlepool Borough Council.

(3) Any person who, at 31st March 1996, is a deputy or assistant deputy coroner for the existing North Cleveland Coroner’s District shall be deemed on 1st April 1996 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.

4.  On 1st April 1996, all rights and liabilities (including those in connection with legal proceedings) of Cleveland County Council, in its capacity prior to that date as the relevant council for the purposes of the 1988 Act for coroners—

(a) in the existing Central Cleveland Coroner’s District of the County of Cleveland shall be transferred to Middlesbrough Borough Council in its capacity as the relevant council for those purposes for coroners in the coroner’s district constituted by article 2(1) above; and

(b) in the existing North Cleveland Coroner’s District of the County of Cleveland shall be transferred to Hartlepool Borough Council in its capacity as the relevant council for those purposes for coroners in the County of Hartlepool.

5.—(1) On 1st April 1996, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, given, made, begun or done by or to the coroner for the relevant new coroner’s district.

(2) All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.

(3) In paragraphs (1) and (2) above—

(a) Teesside Coroner’s District is the relevant new coroner’s district for the existing Central Cleveland Coroner’s District of the County of Cleveland, and

(b) the County of Hartlepool is the relevant new coroner’s district for the existing North Cleveland Coroner’s District of the County of Cleveland.

(4) In this article “coroner” includes any deputy coroner or assistant deputy coroner.

Tom Sackville

Parliamentary Under Secretary of State

Home Office

7th March 1996

Explanatory Note

(This note is not part of the Order)

This Order makes provision about coroners in consequence of the abolition of the existing County of Cleveland by article 3(1) of the Cleveland (Further Provision) Order 1995 on 1st April 1996. On that date the four Counties of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees replace that county.

Article 2(1) of this Order combines the Counties of Middlesbrough, Redcar and Cleveland and Stockton-on-Tees to form a single coroner’s district (which is coterminous with the existing coroner’s district in that area). Article 2(2) makes the Council of the Borough of Middlesbrough the relevant council within the meaning of section 1 of the Coroners Act 1988 (“the 1988 Act”). The relevant council is responsible for the appointment of coroners and has other functions in connection with coroners under that Act. Article 2(3) provides for the person who, on 31st March 1996, holds the office of coroner for the existing coroner’s district to continue as coroner for the coroner’s new district.

Under section 1 of the 1988 Act, a coroner needs to be appointed for the County of Hartlepool (when that county comes into existence on 1st April 1996). The county council’s function under section 1 of the 1988 Act to appoint a coroner is transferred to the Council of the Borough of Hartlepool on 1st April 1996 under article 3(1) of the Cleveland (Structural Change) Order (S.I. 1995/187). The area of the new county of Hartlepool is coterminous with the area of the existing North Cleveland coroner’s district and article 3 of this Order provides for the person who, on 31st March 1996, holds the office of coroner for that district to continue as coroner for the new county.

Article 4 transfers any rights and liabilities of Cleveland County Council as the relevant council for the purposes of the 1988 Act to Middlesbrough Borough Council as respects the Central Cleveland Coroner’s District and to Hartlepool Borough Council as respects the North Cleveland Coroner’s District. Article 5 makes transitional arrangements to ensure continuity as respects the coroners for the new coroners' district.

(1)

1992 c. 19.

(2)

1988 c. 13.

(3)

S.I. 1995/1747.

(4)

Section 1(1A) was inserted by S.I. 1996/655.