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Part 1 E+W+N.I.Coroners etc

Chapter 7E+W+N.I.Supplementary

Regulations and rulesE+W

43Coroners regulationsE+W

(1)The Lord Chancellor may make regulations—

(a)for regulating the practice and procedure at or in connection with investigations under this Part (other than the practice and procedure at or in connection with inquests);

(b)for regulating the practice and procedure at or in connection with examinations under section 14;

(c)for regulating the practice and procedure at or in connection with exhumations under paragraph 6 of Schedule 5.

Regulations under this section are referred to in this Part as “Coroners regulations”.

(2)Coroners regulations may be made only if—

(a)the Lord Chief Justice, or

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this subsection by the Lord Chief Justice,

agrees to the making of the regulations.

(3)Coroners regulations may make—

(a)provision for the discharge of an investigation (including provision as to fresh investigations following discharge);

(b)provision for or in connection with the suspension or resumption of investigations;

(c)provision for the delegation by a senior coroner, area coroner or assistant coroner of any of his or her functions;

(d)provision allowing information to be disclosed or requiring information to be given;

(e)provision giving to the Lord Chancellor or the Chief Coroner power to require information from senior coroners;

(f)provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;

(g)provision with respect to the preservation, retention, release or disposal of bodies (including provision with respect to reinterment and with respect to the issue of orders authorising burial);

(h)provision, in relation to authorisations under paragraph 3 of Schedule 5 or entry and search under such authorisations, equivalent to that made by any provision of sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60), subject to any modifications the Lord Chancellor thinks appropriate;

(i)provision, in relation to the power of seizure conferred by paragraph 3(4)(a) of that Schedule, equivalent to that made by any provision of section 21 of that Act, subject to any modifications the Lord Chancellor thinks appropriate;

(j)provision about reports under paragraph 7 of that Schedule.

This subsection is not to be read as limiting the power in subsection (1).

(4)Coroners regulations may apply any provisions of Coroners rules.

(5)Where Coroners regulations apply any provisions of Coroners rules, those provisions—

(a)may be applied to any extent;

(b)may be applied with or without modifications;

(c)may be applied as amended from time to time.

Commencement Information

I1S. 43 in force at 2.7.2013 by S.I. 2013/1628, art. 2(a)

Prospective

44Treasure regulationsE+W

(1)The Lord Chancellor may make regulations for regulating the practice and procedure at or in connection with investigations under this Part concerning objects that are or may be treasure or treasure trove (other than the practice and procedure at or in connection with inquests concerning such objects).

Regulations under this section are referred to in this Part as “Treasure regulations”.

(2)Treasure regulations may be made only if—

(a)the Lord Chief Justice, or

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this subsection by the Lord Chief Justice,

agrees to the making of the regulations.

(3)Treasure regulations may make—

(a)provision for the discharge of an investigation (including provision as to fresh investigations following discharge);

(b)provision for or in connection with the suspension or resumption of investigations;

(c)provision for the delegation by the Coroner for Treasure (or an Assistant Coroner for Treasure) of any of his or her functions;

(d)provision allowing information to be disclosed or requiring information to be given;

(e)provision giving to the Lord Chancellor or the Chief Coroner power to require information from the Coroner for Treasure;

(f)provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;

(g)provision of the kind mentioned in paragraph (h) or (i) of section 43(3).

This subsection is not to be read as limiting the power in subsection (1).

(4)Treasure regulations may apply any provisions of Coroners rules.

(5)Where Treasure regulations apply any provisions of Coroners rules, those provisions—

(a)may be applied to any extent;

(b)may be applied with or without modifications;

(c)may be applied as amended from time to time.

45Coroners rulesE+W

(1)Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (c. 4)—

(a)for regulating the practice and procedure at or in connection with inquests;

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules under this section are referred to in this Part as “Coroners rules”.

(2)Coroners rules may make—

(a)provision about evidence (including provision requiring evidence to be given on oath except in prescribed cases);

(b)provision for the discharge of a jury (including provision as to the summoning of new juries following discharge);

(c)provision for the discharge of an inquest (including provision as to fresh inquests following discharge);

(d)provision for or in connection with the adjournment or resumption of inquests;

(e)provision for a senior coroner to have power to give a direction, in proceedings [F2in the course of] an inquest, allowing or requiring a name or other matter not to be disclosed except to persons specified in the direction;

[F3(ea)provision for or in connection with the conduct of hearings wholly or partly by way of electronic transmission of sounds or images;]

(f)provision for the delegation by—

(i)a senior coroner, area coroner or assistant coroner, or

(ii)the Coroner for Treasure (or an Assistant Coroner for Treasure),

of any of his or her functions, except for functions that involve making judicial decisions or exercising any judicial discretion;

(g)provision with respect to the disclosure of information;

(h)provision for persons to be excused from service as jurors at inquests in cases specified in the rules;

(i)provision as to the matters to be taken into account by the Coroner for Treasure in deciding whether to hold an inquest concerning an object that is or may be treasure or treasure trove;

F4(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(2A)Coroners rules that provide for members of a jury to take part in a hearing by way of electronic transmission of sounds or images must provide for all members of the jury to take part in that way while present at the same place.]

(3)Coroners rules may make provision conferring power on a senior coroner or the Coroner for Treasure—

(a)to give a direction excluding specified persons from an inquest, or part of an inquest, if the coroner is of the opinion that the interests of national security so require;

(b)to give a direction excluding specified persons from an inquest during the giving of evidence by a witness under the age of 18, if the coroner is of the opinion that doing so would be likely to improve the quality of the witness's evidence.

In this subsection “specified persons” means persons of a description specified in the direction, or all persons except those of a description specified in the direction.

(4)Subsections (2) and (3) are not to be read as limiting the power in subsection (1).

(5)Coroners rules may apply—

(a)any provisions of Coroners regulations;

(b)any provisions of Treasure regulations;

(c)any rules of court that relate to proceedings other than inquests.

(6)Where any provisions or rules are applied by virtue of subsection (5), they may be applied—

(a)to any extent;

(b)with or without modifications;

(c)as amended from time to time.

(7)Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4) on any matter that could otherwise be included in Coroners rules.

(8)Coroners rules may, instead of providing for a matter, refer to provision made or to be made by practice directions under subsection (7).

(9)In this section “rules of court” include any provision governing the practice and procedure of a court that is made by or under an enactment.

Coroner of the Queen's householdE+W

46Abolition of the office of coroner of the Queen's householdE+W

The office of coroner of the Queen's household is abolished.

Commencement Information

I3S. 46 in force at 25.7.2013 by S.I. 2013/1869, art. 2(e)

InterpretationE+W

47“Interested person”E+W

(1)This section applies for the purposes of this Part.

(2)Interested person”, in relation to a deceased person or an investigation or inquest under this Part into a person's death, means—

(a)a spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;

(b)a personal representative of the deceased;

(c)a medical examiner exercising functions in relation to the death of the deceased;

(d)a beneficiary under a policy of insurance issued on the life of the deceased;

(e)the insurer who issued such a policy of insurance;

(f)a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so;

(g)in a case where the death may have been caused by—

(i)an injury received in the course of an employment, or

(ii)a disease prescribed under section 108 of the Social Security Contributions and Benefits Act 1992 (c. 4) (benefit in respect of prescribed industrial diseases, etc),

a representative of a trade union of which the deceased was a member at the time of death;

(h)a person appointed by, or representative of, an enforcing authority;

(i)where subsection (3) applies, a chief constable;

(j)where subsection (4) applies, a Provost Marshal [F6of a service police force or of the tri-service serious crime unit];

(k)where subsection (5) applies, the [F7Director General of the Independent Office for Police Conduct];

[F8(ka)where subsection (5A) applies, the Service Police Complaints Commissioner;]

[F9(kb)where an advocate has been appointed under section 36(1) of the Victims and Prisoners Act 2024 in respect of an incident which may have caused or contributed to the death of the deceased—

(i)each advocate that has been appointed under that section in respect of that incident, and

(ii)the standing advocate appointed under section 35(1) of that Act;]

(l)a person appointed by a Government department to attend [F10or follow] an inquest into the death or to assist in, or provide evidence for the purposes of, an investigation into the death under this Part;

(m)any other person who the senior coroner thinks has a sufficient interest.

(3)This subsection applies where it appears that a person has or may have committed—

(a)a homicide offence involving the death of the deceased, or

(b)a related offence (other than a service offence).

(4)This subsection applies where it appears that a person has or may have committed—

(a)the service equivalent of a homicide offence involving the death of the deceased, or

(b)a service offence that is a related offence.

(5)This subsection applies where the death of the deceased is or has been the subject of an investigation managed or carried out by the [F11Director General of the Independent Office for Police Conduct] in accordance with Part 3 of Schedule 3 to the Police Reform Act 2002 (c. 30), including that Part as extended or applied by or under any statutory provision (whenever made).

[F12(5A)This subsection applies where the death of the deceased is or has been the subject of an investigation directed or carried out by the Service Police Complaints Commissioner in accordance with provision made under section 340P of the Armed Forces Act 2006.]

(6)Interested person”, in relation to an object that is or may be treasure or treasure trove, or an investigation or inquest under Chapter 4 concerning such an object, means—

(a)the British Museum, if the object was found or is believed to have been found in England;

(b)the National Museum of Wales, if the object was found or is believed to have been found in Wales;

(c)the finder of the object or any person otherwise involved in the find;

(d)the occupier, at the time the object was found, of the land where it was found or is believed to have been found;

(e)a person who had an interest in that land at that time or who has had such an interest since;

(f)any other person who the Coroner for Treasure thinks has a sufficient interest.

(7)For the purposes of this section, a person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.

Textual Amendments

F6Words in s. 47(2)(j) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 38; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F7Words in s. 47(2)(k) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 71(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F8S. 47(2)(ka) inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 7(a); S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

F9S. 47(2)(kb) inserted (18.9.2024 except for the insertion of s. 47(2)(kb)(ii)) by Victims and Prisoners Act 2024 (c. 21), ss. 40, 81(2) (with ss. 39(9), 43(7)); S.I. 2024/966, reg. 2(f)

F11Words in s. 47(5) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 71(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F12S. 47(5A) inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 7(b); S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

48Interpretation: generalE+W

(1)In this Part, unless the context otherwise requires—

(2)[F16Subject to subsection (2A),] a person is in state detention if he or she is compulsorily detained by a public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42).

[F17(2A)But a person is not in state detention at any time when he or she is deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.]

(3)For the purposes of this Part, the area of the Common Council is to be treated as including the Inner Temple and the Middle Temple.

(4)A reference in this Part to a coroner who is responsible for conducting an investigation under this Part into a person's death is to be read as a reference to the coroner who is under a duty to conduct the investigation, or who would be under such a duty but for the suspension of the investigation under this Part.

(5)A reference in this Part to producing or providing a document, in relation to information stored in an electronic form, is to be read as a reference to producing or providing a copy of the information in a legible form.

Textual Amendments

F14Words in s. 48(1) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 178(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 37

F15Words in s. 48(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 39; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F16Words in s. 48(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 178(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 37

F17S. 48(2A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 178(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 37

Northern Ireland and Scotland amendmentsE+W+N.I.

49Amendments to the Coroners Act (Northern Ireland) 1959N.I.

(1)In section 13 of the Coroners Act (Northern Ireland) 1959 (c. 15) (coroner may hold inquest), in subsection (1), for the words from “a coroner within whose district” to “an unexpected or unexplained death” substitute a coroner—

(a)who is informed that the body of a deceased person is lying within his district; or

(b)in whose district an unexpected or unexplained death.

(2)Schedule 11 inserts provisions into the Coroners Act (Northern Ireland) 1959 corresponding to certain provisions in Schedules 5 and 6.

Commencement Information

I4S. 49(2) in force at 29.2.2016 by S.R. 2016/23, art. 2

F1850Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Amendments of Access to Justice Act 1999E+W

F1951Public funding for advocacy at certain inquestsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19S. 51 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)