Part 2Courts, tribunals and coroners

Chapter 4Coroners

42Suspension of requirement for jury at inquest where coronavirus suspected

(1)

In section 7 of the Coroners and Justice Act 2009 (whether inquest to be held with jury), after subsection (4) insert—

“(5)

But COVID-19 is not a notifiable disease for the purposes of subsection (2)(c).”

(2)

The amendment made by subsection (1) has effect in relation to any inquest opened on or after the day on which this section comes into force (regardless of the date of death).

(3)

The inserted subsection expires at the end of the period of two years beginning with the day on which this section comes into force, subject to regulations under subsection (6).

(4)

Before the expiry day, the Lord Chancellor must assess the likely effects of the expiry of the inserted subsection on the coronial system.

(5)

Subsection (6) applies if, having carried out that assessment, the Lord Chancellor considers that it would be expedient for the inserted subsection to continue in force beyond the expiry day.

(6)

The Lord Chancellor may, at any time before the inserted subsection expires, make regulations providing for the inserted subsection—

(a)

not to expire when it would otherwise expire, but

(b)

to expire at the end of such later day as is specified in the regulations.

(7)

The day specified under subsection (6)(b) may not be later than two years after the expiry day as it stands immediately before the making of the regulations.

(8)

Regulations under subsection (6) are subject to affirmative resolution procedure (see section 49(3)).

(9)

Subsection (2) expires when the inserted subsection expires.

But the expiry of the inserted subsection does not affect any inquest opened while the inserted subsection was in force.

(10)

In this section—

“the inserted subsection” means subsection (5) of section 7 of the Coroners and Justice Act 2009, as inserted by subsection (1);

“the expiry day” means the day at the end of which the inserted subsection is for the time being due to expire (whether by virtue of subsection (3) or regulations under subsection (6)).

(11)

In the Coronavirus Act 2020, omit section 30 (suspension of requirement for jury at inquest where coronavirus suspected).

(12)

The repeal made by subsection (11) does not affect any inquest opened while the repealed section was in force.