Coroners Act 1988

2 (1) On the retirement, after not less than five years’ service, of a coroner— E+W

(a) who held office as a coroner immediately before 6th April 1978; and

(b) who did not elect in accordance with article 3(b) of the M1 Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978 that the provisions of the M2 Coroners (Amendment) Act 1926 relating to pensions should not apply to him,

(that is to say, a coroner who is not a pensionable employee for the purposes of the M3 Local Government Superannuation Regulations 1986) the relevant council may, if either of the conditions mentioned in sub-paragraph (2) below is satisfied, grant to him a pension of such amount as may be agreed between him and the council not exceeding the scale contained in paragraph 3 below.

(2) The said conditions are—

(a) that the coroner has attained the age of sixty five years;

(b) that the relevant council is satisfied by means of a medical certificate that the coroner is incapable of discharging his duties whether on mental or physical grounds and that such incapacity is likely to be permanent.

(3) A coroner to whom this paragraph applies—

(a) shall, at any time after he has completed fifteen years’ service and has attained the age of sixty-five years, vacate his office if required to do so by the relevant council; but

(b) shall, in that case and in the absence of any agreement to the contrary, be entitled to receive the maximum pension which the council is empowered to grant him under this paragraph having regard to the length of his service.

(4) A pension payable to a coroner under this paragraph shall be reduced by the amount of any additional component of his retirement pension (within the meaning of section 6(1)(b) of the M4 Social Security Pensions Act 1975) which is payable to him.

(5) In this paragraph “service” means service, whether before or after the commencement of this Act, as a coroner in the same administrative area; and for this purpose “administrative area” includes the City.

(6) Notwithstanding the reproduction of article 3 of the M5 Social Security (Modification of Coroners (Amendment) Act 1926) Order 1978 as paragraphs (a) and (b) of sub-paragraph (1) above and of article 4 of that Order as sub-paragraph (4) above—

(a) those provisions may be amended or repealed; and

(b) any question as to the validity of those provisions may be determined,

as though they were contained in an order made under section 65 of the M6 Social Security Act 1973.

Marginal Citations

M1 S.I. 1978/374.

M2 1926 c.59.

M3 S.I. 1986/24.

M4 1975 c.60.

M5 S.I. 1978/374.

M6 1973 c.38.