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Coroners Act 1988

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13 Order to hold [F1investigation].E+W

(1)This section applies where, on an application by or under the authority of the Attorney-General, the High Court is satisfied as respects a coroner (“the coroner concerned”) either—

(a)that he refuses or neglects to hold an inquest [F2or an investigation] which ought to be held; or

(b)where an inquest [F3or an investigation] has been held by him, that (whether by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, the discovery of new facts or evidence or otherwise) it is necessary or desirable in the interests of justice that [F4an investigation (or as the case may by, another investigation)] should be held.

(2)The High Court may—

(a)order an [F5investigation under Part 1 of the Coroners and Justice Act 2009] to be held into the death either—

(i)by the coroner concerned; or

(ii)by [F6a senior coroner, area coroner or assistant coroner in the same coroner area];

(b)order the coroner concerned to pay such costs of and incidental to the application as to the court may appear just; and

(c)where an inquest has been held, quash [F7any inquisition on, or determination or finding made at] that inquest.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9(4)For the purposes of this section, “coroner” means a coroner appointed under section 1 of this Act, or a senior coroner, area coroner or assistant coroner appointed under the Coroners and Justice Act 2009.]

[F10(5)This section does not apply in relation to a death that resulted directly from the Troubles (which has the same meaning as in Schedule 1A to the Coroners and Justice Act 2009 — see paragraph 4 of that Schedule).]

Textual Amendments

F8Act repealed (12.2.2013 for the repeal of s. 5(2), 25.7.2013 except for the repeal of ss. 4A(8), 13(1)(2)) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(g)(i), Sch. 23 Pt. 1 (with s. 180, Sch. 22 Pt. 1); S.I. 2013/250, art. 2; S.I. 2013/1869, art. 2(p) (with art. 3)

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