The Cheshire (Coroners) Order 1998

Statutory Instruments

1998 No. 356

CORONERS

The Cheshire (Coroners) Order 1998

Made

19th February 1998

Laid before Parliament

27th February 1998

Coming into force

1st April 1998

The Secretary of State in exercise of the powers conferred on 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 Cheshire (Coroners) Order 1998 and shall come into force on 1st April 1998.

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

2.—(1) There shall be a single coroner’s district for the counties of Halton and Warrington (which counties come into existence on 1st April 1998 by virtue of article 6 of the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996(3)) and Cheshire.

(2) The council of the borough of Warrington shall be the relevant council for the purposes of the 1988 Act for the coroner’s district constituted by paragraph (1) above.

(3) The person who, on 31st March 1998, is the coroner for the county of Cheshire shall be deemed to have been appointed coroner for the coroner’s district constituted by paragraph (1) above by the council of the borough of Warrington.

(4) Any agreement between the person to whom paragraph (3) above applies and Cheshire County Council (as the relevant council for the purposes of the 1988 Act prior to 1st April 1998) as to his salary and pension as a coroner shall have effect as if made between him and the council of the borough of Warrington.

(5) Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for the county of Cheshire shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above with the approval of the chairman of the council of the borough of Warrington.

3.—(1) Any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the county of Cheshire shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner’s district constituted by article 2(1) above.

(2) All documents, exhibits, registers and other things in the custody of the coroner for the county of Cheshire in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner’s district constituted by article 2(1) above.

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

Gareth Williams

Parliamentary Under-Secretary of State

Home Office

19th February 1998

Explanatory Note

(This note is not part of the Order)

This Order makes provision about coroners in consequence of the provisions of the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 (S.I. 1996/1863) which creates new counties of Halton and Warrington on 1st April 1998.

Article 2(1) of this Order constitutes a single coroner’s district for the counties of Cheshire, Halton and Warrington. Article 2(2) makes the council of the borough of Warrington the relevant council for the purposes of the Coroners Act 1988. 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 1998, holds the office of coroner for the county of Cheshire to continue as coroner for the new coroner’s district.

Article 3 makes transitional arrangements to ensure continuity as respects the coroner for the new coroner’s district.

(1)

1992 c. 19.

(2)

1988 c. 13.

(3)

S.I. 1996/1863.