- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (08/05/2003)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 25/07/2013
Point in time view as at 08/05/2003. This version of this provision has been superseded.
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(1)If it appears to a coroner that, in the case of a body lying within his district, an inquest ought to be held into the death but it is expedient that the inquest should be held by some other coroner, he may request that coroner to assume jurisdiction to hold the inquest; and if that coroner agrees he, and not the coroner within whose district the body is lying, shall have jurisdiction to hold the inquest.
(2)If the coroner who has been requested to assume jurisdiction declines to assume it, the coroner who has made the request may apply to the Secretary of State for a direction designating the coroner who is to hold the inquest.
(3)On the making of an application under subsection (2) above, the Secretary of State—
(a)shall determine by which coroner (whether one of the two mentioned in that subsection or another) the inquest should in all the circumstances be held; and
(b)shall direct him to assume jurisdiction or, as the case may be, to exercise his jurisdiction to hold the inquest;
and where a direction is given under this subsection directing a coroner to assume jurisdiction, he, and not the coroner within whose district the body is lying, shall have jurisdiction to hold the inquest and shall hold it accordingly.
(4)Where jurisdiction to hold an inquest is assumed under this section, it shall not be necessary to remove the body into the district of the coroner who is to hold the inquest.
(5)Any request made or agreement given, any application for a direction and any direction under any of the foregoing provisions of this section shall be made or given in writing.
(6)Notice of the making of an application under subsection (2) above shall be given to the coroner who declined to assume jurisdiction and notice of the direction given pursuant to such an application shall be given—
(a)in a case where the direction is given to the coroner who made the application or the coroner who had notice of it, to the other coroner; and
(b)in a case where the direction is given to some other coroner, to the coroner who made the application and to the coroner who had notice of it.
(7)On the assumption by a coroner of jurisdiction to hold an inquest under this section, the coroner—
(a)shall also assume, in relation to the body and the inquest, all the powers and duties which would belong to him if the body were lying within his district (including the power to order its exhumation under section 23 below); and
(b)may exercise those powers notwithstanding that the body remains outside his district or, having been removed into it, is removed out of it by virtue of any order of his for its examination or burial.
(8)On the assumption of the powers and duties referred to in subsection (7) above by the coroner who assumes jurisdiction to hold the inquest, the coroner within whose district the body is lying shall cease to have any powers or duties in relation to the body or the inquest, notwithstanding that the body remains within his district or comes to be buried there.
(9)It shall be for the coroner who assumes, and not for the coroner who ceases to have, jurisdiction to hold an inquest under this section to pay any fees or other expenses incurred in the course of his duties by the latter coroner before he ceased to have jurisdiction; and any such fees or other expenses shall be accounted for and repaid accordingly.
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