39Discontinuance of investigation where cause of death becomes clearU.K.
(1)Section 4 of the Coroners and Justice Act 2009 (discontinuance of investigation where cause of death revealed by post-mortem examination) is amended as set out in subsections (2) and (3).
(2)In the heading, for “revealed by post-mortem examination” substitute “becomes clear before inquest”.
(3)In subsection (1), for paragraph (a) substitute—
“(a)the coroner is satisfied that the cause of death has become clear in the course of the investigation,
(aa)an inquest into the death has not yet begun, and”.
(4)In the following provisions of the Births and Deaths Registration Act 1953, for “revealed by post-mortem examination” substitute “becoming clear before inquest”—
(a)in section 2(1), paragraph (ii) of the proviso;
(b)in section 16(3), paragraph (ii) of the proviso;
(c)in section 17(3), paragraph (ii) of the proviso;
(d)section 29(3B).
(5)In section 273(2)(a) of the Merchant Shipping Act 1995, for “revealed by post-mortem examination” substitute “becoming clear before inquest”.
(6)In Schedule 21 to the Coroners and Justice Act 2009 (which, among other things, makes amendments to the Births and Deaths Registration Act 1953 that have yet to come into force)—
(a)in paragraph 10(5), in the inserted subsection (2)(b), for “revealed by post-mortem examination” substitute “becoming clear before inquest”;
(b)in paragraph 11(2), in the substituted section (A1)(b), for “revealed by post-mortem examination” substitute “becoming clear before inquest”;
(c)in paragraph 16(2), in the substituted paragraph (a), for the words from “there has” to “the death,” substitute “—
(i)there has been no investigation under Part 1 of the 2009 Act into the death, or
(ii)such an investigation has been discontinued under section 4 of the 2009 Act (cause of death becoming clear before inquest) other than as mentioned in paragraph (b),”.
Commencement Information
I1S. 39 in force at 28.6.2022, see s. 51(3)(c)