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Coroners Act 1988

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This is the original version (as it was originally enacted).

Expenses and returns of inquests

24Fees and allowances payable on holding inquest

(1)The fees and allowances which may be lawfully paid by coroners—

(a)to witnesses and persons summoned to attend as witnesses; and

(b)to medical practitioners making post-mortem examinations by the coroner’s direction or at the coroner’s request,

shall be such as may be determined by the Secretary of State with the consent of the Treasury; but nothing in this subsection shall apply in relation to the fees payable in respect of a special examination under section 20 above.

(2)A relevant council—

(a)may from time to time make a schedule of the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies;

(b)may at any time vary a schedule so made; and

(c)shall cause a copy of every schedule so made or so varied to be sent to every coroner concerned.

(3)The Secretary of State may by rules made by statutory instrument prescribe—

(a)the fees payable to coroners or other persons for furnishing copies of inquisitions, depositions or other documents in their custody relating to an inquest; and

(b)where in the opinion of the Secretary of State adequate provision is not made for them by a schedule under subsection (2) above, the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies.

25Payments to jurors

(1)A person who serves as a juror in a coroner’s court shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at the rates determined by the Secretary of State with the consent of the Treasury and subject to any prescribed conditions, by way of allowance—

(a)for travelling and subsistence; and

(b)for financial loss where in consequence of his attendance for that purpose—

(i)he has incurred any expenditure (otherwise than on travelling and subsistence) to which he would not otherwise be subject; or

(ii)he has suffered any loss of earnings which he would otherwise have made or any loss of benefit under the enactments relating to national insurance and social security which he would otherwise have received.

(2)The amount due to any person in respect of such service shall be ascertained and paid over to him by the coroner.

(3)For the purposes of this section a person who, in obedience to a summons to serve on a jury, attends for service as a juror shall be deemed to serve as a juror notwithstanding that he is not subsequently sworn.

(4)In this section “prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State with the consent of the Treasury.

26Payment of expenses by coroner

(1)A coroner holding an inquest shall, immediately after the termination of the proceedings, pay—

(a)the fees of every medical witness;

(b)the allowance of every juror; and

(c)all expenses reasonably incurred in and about the holding of the inquest,

not exceeding the fees, allowances and disbursements which may be lawfully paid or made under this Act.

(2)Any fees, allowances or disbursements so paid or made shall be repaid to the coroner in manner provided by this Act.

27Accounts to be laid before relevant council

(1)Every coroner shall within four months after paying or making any fees, allowances or disbursements in accordance with the provisions of this Act, cause a full and true account of all fees, allowances and disbursements so paid or made by him under this Act to be laid before the relevant council.

(2)Every account under this section shall be accompanied by such vouchers as under the circumstances may to the relevant council seem reasonable; and the relevant council may, if they think fit, examine the coroner on oath as to any such account.

(3)On being satisfied of the correctness of any such account, the relevant council shall order their treasurer to pay to the coroner the sum due; and the treasurer shall without any abatement or deduction pay that sum—

(a)in the case of a metropolitan district or London borough council, out of the general rate fund;

(b)in the case of a non-metropolitan county council, out of the county fund; and

(c)in the case of the Common Council, out of the general rate,

and shall be allowed that sum on passing his accounts.

(4)In the case of a coroner for a coroner’s district consisting of two or more metropolitan districts or London boroughs, the expenses of the councils of those districts or boroughs in respect of the coroner’s service shall be apportioned between those councils in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State.

28Annual returns to be made to Secretary of State

(1)Every coroner shall on or before 1st February in every year furnish to the Secretary of State a return in writing, in such form and containing such particulars as the Secretary of State may direct, of all cases in which an inquest has been held by him, or by some other person acting for him, during the year ending on the immediately preceding 31st December.

(2)Every coroner shall also, as and when required by the Secretary of State, furnish to the Secretary of State returns in relation to inquests held and deaths inquired into by him in such form and containing such particulars as the Secretary of State may direct.

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