The Coroners Allowances, Fees and Expenses Regulations 2013

PART 1 Introduction

Citation and commencement

1.  These Regulations may be cited as the Coroners Allowances, Fees and Expenses Regulations 2013 and shall come into force on 25th July 2013.

Interpretation

2.  In these Regulations—

“copy” means in relation to a document, anything on which information recorded in a document has been copied, by whatever means and whether directly or indirectly;

“coroner” means:

(a)

a senior coroner, area coroner or assistant coroner;

(b)

the Chief Coroner when conducting an investigation under paragraph 1 of Schedule 10 to the Coroners and Justice Act 2009; and

(c)

a judge, former judge or former coroner conducting an investigation under paragraph 3 of Schedule 10 to the Coroners and Justice Act 2009,

unless a provision of these Regulations specifically provides otherwise;

“document” means any medium in which information of any description is recorded or stored;

“expert witness” means a person of any calling, profession or trade who gives evidence at an inquest because of his or her expertise, other than a professional witness;

“ordinary witness” means any person who gives evidence at an inquest and is not an expert or professional witness;

“professional witness” means any person who is practising as a member of the medical profession or as a dentist who gives medical evidence at an inquest;

“relevant authority” means the local authority designated as such in accordance with the Coroners and Justice Act 2009 for a particular coroner area; and

“witness” means an expert witness, ordinary witness or professional witness.

Delegation of administrative functions

3.  A coroner may delegate administrative functions to coroner’s officers and other staff.

PART 2 Calculation, determination and payment of allowances, fees and expenses

Calculation and payment by the coroner

4.  Any allowance, fee or expense payable to a person under these Regulations is to be calculated by the coroner or the coroner’s relevant authority, and paid by the coroner or the coroner’s relevant authority.

Determination by the coroner

5.  A coroner may require a person claiming an expense under these Regulations to provide receipts, invoices or other documents proving the expense incurred before determining and making any payment under these Regulations.

Explanation by the coroner

6.  A coroner must, if requested to do so by a person claiming an allowance, fee or expense under these Regulations, provide that person with information on how his or her particular allowance, fee or expense has been calculated.

Unusual allowance, fee or expense

7.—(1) A coroner must report any unusual allowance, fee or expense likely to be incurred in relation to an investigation to his or her relevant authority before it is incurred.

(2) Where it is not possible to report the unusual allowance, fee or expense before it is incurred under paragraph (1), the coroner must—

(a) report the unusual allowance, fee or expense on the date it is incurred; or

(b) as soon as reasonably practicable after that date.

PART 3 Allowances, fees and expenses

Provision of allowances, fees and expenses

8.  The Schedule to these Regulations provides for the allowances, fees and expenses that are payable by or on behalf of a coroner.

Expert witness fee for preparatory work

9.  A coroner may pay an expert witness who has carried out preparatory work directly related to the giving of evidence at an inquest a fee that the coroner considers reasonable having regard to the nature and complexity of the preparatory work carried out.

Expert witness fee for attending an inquest

10.—(1) A coroner may pay an expert witness a fee that the coroner considers reasonable for attending and giving expert evidence at an inquest.

(2) When considering a fee which is reasonable under paragraph (1) the coroner shall have regard to the nature and complexity of the evidence provided by the expert witness.

Additional expenses

11.  A coroner may reimburse a suitable practitioner, juror or witness for any additional expenses, other than those prescribed by these Regulations, which the coroner believes have been reasonably incurred.

Fee for disclosure after an inquest

12.—(1) This regulation applies where a coroner discloses a document to an interested person after an inquest.

(2) No fee shall be payable where a document is disclosed by email by a coroner to an interested person.

(3) Where a document is disclosed by a coroner as a paper copy, a fee of £5 for a document of 10 pages or less shall be payable, with an additional 50p payable for each subsequent page.

(4) A fee of £5 per document shall be payable where a document is disclosed in any other medium, other than by email or as a paper copy.

(5) The fee for a transcription of an inquest hearing shall be as follows—

(a) for a copy consisting of 360 words or less, £6.20;

(b) for a copy consisting of between 361 words and up to an including 1439 words, £13.10; and

(c) for a copy consisting of 1440 words or more, £13.10 for the first 1440 words and 70p for each additional 72 words or part thereof.

PART 4 Record keeping and indemnities

Providing accounts to the relevant authority

13.—(1) A coroner must provide his or her relevant authority with an account of all allowances, fees and expenses paid under these Regulations at time intervals agreed with that relevant authority.

(2) An account provided to the relevant authority under paragraph (1) shall include any receipt, invoice or other document that proves the sum incurred.

(3) A relevant authority shall, on being satisfied that an account submitted under paragraph (1) is correct, reimburse the coroner in respect of the payments to which the account relates.

Record of allowances, fees and expenses

14.—(1) A coroner and his or her relevant authority must each keep a record of all allowances, fees and expenses paid under these Regulations for 3 years.

(2) A coroner and his or her relevant authority must, if so requested by the Chief Coroner, provide the Chief Coroner with a copy of any records held under this Part.

15.  A coroner and his or her relevant authority must, if so requested by a person, return any receipts, invoices or other documents submitted by that person.

16.  A coroner must retain all receipts, invoices or other documents (or copies of such if the original documents are to be returned to a person under regulation 15) submitted under these Regulations, in a format and for a period agreed by that coroner’s relevant authority.

Indemnity

17.—(1) A coroner shall be indemnified by his or her relevant authority in respect of—

(a) any costs which the coroner reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of the coroner’s duty;

(b) any costs which the coroner reasonably incurs in taking steps to dispute any claim which might have been made in such proceedings;

(c) any damages awarded against or ordered to be paid by the coroner in any such proceedings;

(d) any sums payable by the coroner in connection with any reasonable settlement of any such proceedings or claim.

(2) Paragraph (1) applies in relation to proceedings brought by a coroner only if and to the extent that the relevant authority for that coroner area agrees in advance to indemnify the coroner.

(3) A coroner may appeal to the Lord Chancellor or any person appointed by the Lord Chancellor for the purpose, from any decision of the relevant authority made under paragraph (2).

Signed by authority of the Lord Chancellor

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

2nd July 2013

I agree

Signed by the Lord Chief Justice

Judge, LJ

Lord Chief Justice

2nd July 2013