Citation

1.  This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 15, Consequential and Transitory Provisions) Order 2013.

Commencement of provisions of the Coroners and Justice Act 2009

2.  The following provisions of the Coroners and Justice Act 2009 are commenced on 25th July 2013—

(a)sections 1 to 11 and sections 13 to 17 (investigations into deaths);

(b)sections 22 to 24 (coroner areas, appointments etc.);

(c)section 32 only in so far as it relates to paragraphs 1, 2, 6 and 7 of Schedule 5 and sections 33 to 34 (further provision to do with investigations and deaths);

(d)section 36 with the exclusion of subsection (4)(c), section 37, section 41 only in so far as it relates to paragraphs 1, 3 and 5 of Schedule 10 and section 42 (governance etc.);

(e)section 46 (coroner of the Queen’s household);

(f)section 177(1) (consequential etc. amendments, and transitional and saving provisions) to the extent that it relates to the provisions specified in sub-paragraph (o);

(g)section 178 (repeals) only to the extent that it relates to the provisions specified in sub-paragraph (p);

(h)Schedule 1 (duty or power to suspend or resume investigations);

(i)Schedule 2 (coroner areas);

(j)Schedule 3 (appointment etc. of senior coroners, area coroners and assistant coroners);

(k)paragraphs 1, 2, 6 and 7 of Schedule 5 (powers of coroners);

(l)Schedule 6 (offences);

(m)Schedule 7 (allowances, fees and expenses);

(n)paragraphs 1, 3 and 5 of Schedule 10 (investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner);

(o)in Part 1 of Schedule 21 (minor and consequential amendments)—

(i)paragraphs 1 to 7;

(ii)paragraph 8(4);

(iii)paragraph 9(3)(d);

(iv)paragraph 11(3);

(v)paragraph 15(1), (3), and (4);

(vi)paragraph 15(2) but only in so far as substituting subsection (2) of section 23 of the Births and Deaths Registration Act 1953(1) with a new subsection (2) and not subsection (2ZA);

(vii)paragraph 18(1) and (2) to the extent that those provisions introduce a new subsection (3B) only into section 29 of the Births and Deaths Registration Act 1953;

(viii)paragraph 18(3) and (4) (and paragraph 18(1) in so far as relating to those provisions);

(ix)paragraph 21(1) but only in relation to the definition of “the 2009 Act”;

(x)paragraph 21(2) but only in so far as inserting a new subsection (3) into section 41 of the Birth and Deaths Registration Act 1953 and not a new subsection (2);

(xi)paragraphs 22 to 25;

(xii)paragraph 26 with the exception of the words “Coroner for Treasure”;

(xiii)paragraph 28;

(xiv)paragraph 30;

(xv)paragraphs 32 to 36;

(xvi)paragraphs 44 and 45; and

(xvii)paragraph 51 to the extent that it relates to the Deputy Chief Coroner only; and

(p)Part 1 of Schedule 23 (repeals: coroners etc.) to the extent that it relates to the entry for the Coroners Act 1988(2) except for sections 4A(8) and 13(1) and (2) of that Act.

Transitory modification provision in relation to treasure inquests

3.  From the time when the provision in article 2(p) of this Order is commenced until such time as sections 25 to 31 (investigations concerning treasure) of, and Schedule 4 to, the Coroners and Justice Act 2009 come into force—

(a)the Coroners Act 1988 is to be treated as not repealed, in so far as it relates to the exercise of a coroner’s jurisdiction in relation to treasure inquests as provided by section 30 of that Act;

(b)any reference to a coroner in the Coroners Act 1988 is to be treated as a reference to a coroner appointed under section 23 of, and Schedule 3 to, the Coroners and Justice Act 2009; and

(c)any reference to a coroner district in the Coroners Act 1988 is to be treated as a reference to a coroner area constituted under section 22 of, and Schedule 2 to, the Coroners and Justice Act 2009.

Consequential amendments

4.  The amendments made in the Schedule shall have effect on 25th July 2013.

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

24th July 2013