The Leicestershire (Coroners) Order 1997

Statutory Instruments

1997 No. 490

LOCAL GOVERNMENT, ENGLAND AND WALES

CORONERS

The Leicestershire (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 Leicestershire (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 Leicester City and South Leicestershire Coroner’s District, for the County of Leicester (which county comes into existence on 1st April 1997 by virtue of article 8(2) of the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996(3) and for so much of the County of Leicestershire as is not included in the existing Northern Leicestershire Coroner’s District.

2. The Council of the City of Leicester 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 Leicester City and South Leicestershire 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 agreement between the person to whom paragraph (3) above applies and Leicestershire County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1997) as to his salary and pension as a coroner shall be deemed on and after 1st April 1997 to have effect as if originally made between him and Leicester City Council.

(5) Any person who, at 31st March 1997, is a deputy or assistant deputy coroner for the existing Leicester City and South Leicestershire 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 Rutland and North Leicestershire Coroner’s District, for the County of Rutland (which county comes into existence on 1st April 1997 by virtue of article 8(3) of the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996) and for so much of the County of Leicestershire as is not included in the existing Leicester City and South Leicestershire Coroner’s District.

(2) The Council of the County of Leicestershire 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 Northern Leicestershire 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 Northern Leicestershire 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 the relevant new coroner’s district is—

(a) the coroner’s district constituted by article 2(1) above as respects the existing Leicester City and South Leicestershire Coroner’s District; and

(b) the coroner’s district constituted by article 3(1) above as respects the existing Northern Leicestershire 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 consequence of the creation of the Counties of Leicester and Rutland by article 8 of the Leicestershire (City of Leicester and District of Rutland) (Structural Change) Order 1996 on 1st April 1997.

Article 2(1) of this Order combines the County of Leicester with part of the County of Leicestershire to form a single coroner’s district. Article 2(2) makes the Leicester City 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 the Leicester City and South Leicestershire Coroner’s District to continue as coroner for the new coroner’s district.

Article 3(1) of this Order combines the County of Rutland with part of the County of Leicestershire to form a single coroner’s district. Article 3(2) makes Leicestershire County Council the relevant council. Article 3(3) provides for the person who, on 31st March 1997, holds the office of coroner for the Northern Leicestershire Coroner’s District to continue as coroner for the new 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. 1996/507.

(4)

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