Coroners Act (Northern Ireland) 1959

36 Rules and fees. N.I.

F1 [(1) [F2 Rules under this section may]—

(a) F3 . . . make provision with respect to the records, accounts and returns which the Lord Chancellor may require coroners to keep and submit to him and with respect to information to be supplied by coroners;]

(b) F4 . . . regulate the practice and procedure at or in connection with inquests …F5 and, in particular (without prejudice to the generality of the foregoing provisions), such rules may contain provisions—

(i) as to the procedure at inquests held with a jury;

(ii) as to the procedure at inquests held without a jury;

(iii) as to the issue by coroners of orders authorising exhumations or burials;

(iv) for empowering a coroner to alter the date fixed for the holding of any adjourned inquest within the jurisdiction of the coroner;

(v) as to the procedure to be followed where a coroner decides not to resume an adjourned inquest;

(vi) as to the notices to be given to jurymen or witnesses where the date fixed for an adjourned inquest is altered or where a coroner decides not to resume an adjourned inquest; and

(vii) for prescribing forms of verdicts for use at inquests.

[F6 (1A) It is for the Lord Chancellor to make rules under subsection (1)(a), after consultation with the Treasury.

(1B) It is for the Lord Chief Justice to make rules under subsection (1)(b), in accordance with subsections (1C) to (1G).

(1C) The Lord Chief Justice may make rules under subsection (1)(b) only with the agreement of the Lord Chancellor.

(1D) If the Lord Chancellor does not agree such rules made by the Lord Chief Justice, the Lord Chancellor must give the Lord Chief Justice written reasons why he does not agree the rules.

(1E) Subsection (1F) applies if the Lord Chancellor gives the Lord Chief Justice written notice that he thinks it is expedient for rules under subsection (1)(b) to include provision that would achieve a purpose specified in the notice.

(1F) The Lord Chief Justice must make such rules under subsection (1)(b) as he considers necessary to achieve the specified purpose.

(1G) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice under subsection (1E);

(b) made in accordance with the relevant provisions of this section.

(1H) The Lord Chief Justice may nominate any of the following to exercise his functions under subsections (1B), (1C) and (1F)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

F1 [(2) The Lord Chancellor may with the consent of the Minister for the Civil Service determine—

(a) the salaries or fees and superannuation to be paid to coroners …F5 ;

Para. (b) rep. by 1980 NI 6

(c) the allowances payable to witnesses under this Act.]

F1 1978 c.23

F2 Words in s. 36(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c.4), ss. 15(2), 148(1), Sch. 5 para. 6(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)

F3 Words in s. 36(1)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 6(2)(b), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a), 30(c)

F4 Words in s. 36(1)(b) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(2), 146, 148(1), Sch. 5 para. 6(2)(c), Sch. 18 Pt. 3; S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a), 30(c)

F5 1980 NI 6

F6 S. 36(1A)-(1H) inserted (3.4.2006) by Constitutional Reform Act 2005 (c.4), ss. 15(2), 148(1), Sch. 5 para. 6(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 12(a)