The Hampshire (Coroners) Order 1997

Statutory Instruments

1997 No. 489

LOCAL GOVERNMENT, ENGLAND AND WALES

CORONERS

The Hampshire (Coroners) Order 1997

Made

21st February 1997

Laid before Parliament

5th March 1997

Coming into force

1st April 1997

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 Hampshire (Coroners) Order 1997 and shall come into force on 1st April 1997.

(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 Portsmouth and South East Hampshire Coroner’s District, for the County of Portsmouth (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995(3)) and for so much of the County of Hampshire as is not included in the Central Hampshire, North East Hampshire or existing Southampton and New Forest Coroner’s Districts.

(2) The Council of the County of Hampshire 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 1997, is the coroner for the existing Portsmouth and South East Hampshire Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.

(4) Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Portsmouth and South East Hampshire Coroner’s District shall be deemed on 1st April 1997 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) There shall be a single coroner’s district, called the Southampton and New Forest Coroner’s District, for the County of Southampton (which county comes into existence on 1st April 1997 by virtue of article 8(3) of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995) and for so much of the County of Hampshire as is not included in the Central Hampshire, North East Hampshire or existing Portsmouth and South East Hampshire Coroner’s Districts.

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

(3) The person who, at 31st March 1997, is the coroner for the existing Southampton and New Forest Coroner’s District shall be deemed on 1st April 1997 to be appointed coroner for the coroner’s district constituted by paragraph (1) above.

(4) Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Southampton and New Forest Coroner’s District shall be deemed on 1st April 1997 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above.

4.—(1) On 1st April 1997, 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, made, given, 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) the coroner’s district constituted by article 2(1) above is the relevant new coroner’s district for the existing Portsmouth and South East Hampshire Coroner’s District; and

(b) the coroner’s district constituted by article 3(1) above is the relevant new coroner’s district for the existing Southampton and New Forest Coroner’s district.

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

Tom Sackville

Parliamentary Under-Secretary of State

Home Office

21st February 1997

Explanatory Note

(This note is not part of the Order)

This Order makes provision about coroners in consquence of the creation of the Counties of Portsmouth and Southampton by article 8 of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 on 1st April 1997.

Article 2(1) of this Order combines the County of Portsmouth with part of the County of Hampshire to form a single coroner’s district. Article 2(2) makes the County of Hampshire Council the relevant council within the meaning of section 1 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 1997, holds the office of coroner for Portsmouth and South East Hampshire to continue as coroner for the new coroner’s district.

Article 3 of this Order makes similar provision for the County of Southampton and the coroner for the Southampton and New Forest Coroner’s District.

Article 4 makes transitional arrangements to ensure continuity as respects the coroners for the new coroners' districts.

(1)

1992 c. 19.

(2)

1988 c. 13.

(3)

S.I. 1995/1775.

(4)

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