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Coroners and Justice Bill


Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

181

 

(c)   

in subsection (1B), for “an investigation” there is substituted

“an inquest”, and for “suspend the investigation” there is

substituted “adjourn the inquest”;

(d)   

in subsection (2)—

(i)   

for “in the course of an investigation under Part 1 of

5

the Coroners and Justice Act 2009” there is

substituted “on an inquest”;

(ii)   

for “suspend the investigation” there is substituted

“adjourn the inquest”;

(iii)   

for “in the course of the investigation” there is

10

substituted “at the inquest”;

(e)   

in subsection (2A), for the words from “suspends an

investigation” to the end there is substituted “adjourns an

inquest under this section shall discharge any jury that has

been summoned”;

15

(f)   

in subsection (3), for “investigation is suspended” there is

substituted “inquest is adjourned”;

(g)   

subsection (3A) is omitted;

(h)   

in subsection (3B), for “A resumed inquest” there is

substituted “An inquest resumed under this section”;

20

(i)   

subsections (4) and (5) are omitted.”

Births and Deaths Registration Act 1953 (c. 20)

6          

The Births and Deaths Registration Act 1953 is amended as follows.

7          

In section 2 (information concerning birth to be given to registrar within 42

days), in paragraph (ii) of the proviso, for “an inquest is held at which”

25

substitute “an investigation is conducted under Part 1 of the 2009 Act, other

than one that is discontinued under section 4 of that Act (cause of death

revealed by post-mortem examination), in the course of which”.

8     (1)  

Section 16 (information concerning death in a house) is amended as follows.

      (2)  

In subsection (2)—

30

(a)   

in paragraph (a), for “any relative of the deceased person” substitute

“any person who is a relative or the partner of the deceased and who

was”,

(b)   

in paragraph (b), for “any other relative of the deceased residing or

being” substitute “any person who is a relative or the partner of the

35

deceased and who is or resides”, and

(c)   

after paragraph (b) insert—

“(ba)   

any personal representative of the deceased;”.

      (3)  

In subsection (3)—

(a)   

in paragraph (a), for “the nearest relative such” substitute “each such

40

person”,

(b)   

in paragraph (b)—

(i)   

for “no such relative” substitute “no such person”, and

(ii)   

for “each such relative” substitute “each such person”,

(c)   

in paragraph (c)—

45

(i)   

for “if there are no such relatives” substitute “if neither of

paragraphs (a) and (b) above applies”, and

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

182

 

(ii)   

for “paragraph (c) or (d)” substitute “paragraph (ba), (c) or

(d)”,

(d)   

in paragraph (d), for “if there are no such relatives or persons as

aforesaid” substitute “if none of paragraphs (a) to (c) above applies”,

and

5

(e)   

for “five days from the date of the death” substitute “five days from

the relevant date”.

      (4)  

In that subsection, for paragraph (ii) of the proviso substitute—

“(ii)   

this subsection shall not have effect if an investigation

is conducted under Part 1 of the 2009 Act into the

10

death of the deceased person and has not been

discontinued under section 4 of that Act (cause of

death revealed by post-mortem examination).”

      (5)  

After that subsection insert—

“(4)   

In this section, the expression “the relevant date” means—

15

(a)   

the date on which the registrar is notified in accordance with

regulations under section 19(1)(f)(i) or (h)(i) of the 2009 Act

(confirmation or certification by medical examiner of cause of

death); or

(b)   

where an investigation under Part 1 of that Act into the death

20

of the deceased person is discontinued under section 4 of that

Act, the date of the discontinuance.”

9     (1)  

Section 17 (information concerning other deaths) is amended as follows.

      (2)  

In subsection (2)—

(a)   

in paragraph (a), for “any relative of the deceased who” substitute

25

“any person who is a relative or the partner of the deceased and

who”, and

(b)   

after that paragraph insert—

“(aa)   

any personal representative of the deceased;”.

      (3)  

In subsection (3)—

30

(a)   

in paragraph (a), for “relative” substitute “person”,

(b)   

in paragraph (b), for “relatives” substitute “persons”,

(c)   

for “five days from the date of the death or of the finding of the body”

substitute “five days from the relevant date”, and

(d)   

for paragraph (ii) of the proviso substitute—

35

“(ii)   

this subsection shall not have effect if an

investigation is conducted under Part 1 of the

2009 Act into the death of the deceased person

and has not been discontinued under section 4

of that Act (cause of death revealed by post-

40

mortem examination).”

      (4)  

After that subsection insert—

“(4)   

In this section, the expression “the relevant date” means—

(a)   

the date on which the registrar is notified in accordance with

regulations under section 19(1)(f)(i) or (h)(i) of the 2009 Act

45

(confirmation or certification by medical examiner of cause of

death); or

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

183

 

(b)   

where an investigation under Part 1 of that Act into the death

of the deceased person is discontinued under section 4 of that

Act, the date of the discontinuance.”

10    (1)  

Section 18 (notice preliminary to information of death) is amended as

follows.

5

      (2)  

For the words from the beginning to “that person’s death” substitute “If,

before the expiration of five days from the relevant date, a qualified

informant of a person’s death”.

      (3)  

For the words from “accompanied by a notice” to “the cause of death,”

substitute “accompanied by a confirmed attending practitioner’s certificate,

10

or a medical examiner’s certificate issued in accordance with regulations

under section 19 of the 2009 Act (medical certificate of cause of death),”.

      (4)  

For “from the date aforesaid” substitute “from the relevant date”.

      (5)  

At the end of that section (which becomes subsection (1)) insert—

“(2)   

In this section, the expression “the relevant date” means—

15

(a)   

the date on which the registrar is notified in accordance with

regulations under section 19(1)(f)(i) or (h)(i) of the 2009 Act

(confirmation or certification by medical examiner of cause of

death); or

(b)   

where an investigation under Part 1 of that Act into the death

20

of the deceased person is discontinued under section 4 of that

Act (cause of death revealed by post-mortem examination),

the date of the discontinuance.”

11    (1)  

In section 19 (registrar’s power to require information concerning death),

subsection (1) is amended as follows.

25

      (2)  

For the words from the beginning to “the registrar may” substitute—

“(A1)   

This section applies where, after the expiration of the relevant period

from—

(a)   

the date on which the registrar is notified in accordance with

regulations under section 19(1)(f)(i) or (h)(i) of the 2009 Act

30

(confirmation or certification by medical examiner of cause of

death), or

(b)   

where an investigation under Part 1 of that Act into a

person’s death is discontinued under section 4 of that Act

(cause of death revealed by post-mortem examination), the

35

date of the discontinuance,

   

the death of that person has, owing to the default of the persons

required to give information concerning it, not been registered.

(1)   

The registrar may”.

      (3)  

For paragraph (ii) of the proviso substitute—

40

“(ii)   

an investigation  under Part 1 of the 2009 Act is

conducted into the death of the deceased person and

has not been discontinued under section 4 of that

Act”.

12         

In section 20 (registration of death free of charge) omit the words from “, at

45

any time” to “of any person,”.

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

184

 

13         

Omit section 21 (registration of death after twelve months).

14         

For section 22 substitute—

“22     

Registration of cause of death on receipt of medical certificate

(1)   

This section applies where—

(a)   

the registrar is given a confirmed attending practitioner’s

5

certificate, or a medical examiner’s certificate, in accordance

with regulations under section 19 of the 2009 Act (medical

certificate of cause of death); and

(b)   

no investigation into the death under Part 1 of that Act is

conducted.

10

(2)   

The registrar shall enter in the register the cause of death as stated in

the certificate, together with—

(a)   

the name of the medical examiner and such information

about the examiner as may be prescribed; and

(b)   

where an attending practitioner’s certificate was prepared,

15

the name of the practitioner by whom it was prepared and

such information about that practitioner as may be

prescribed.”

15    (1)  

Section 23 (furnishing of information by coroner) is amended as follows.

      (2)  

For subsection (2) substitute—

20

“(2)   

Where there has been an investigation under Part 1 of the 2009 Act

into a death and the senior coroner sends to the registrar a certificate

giving information concerning the death, including the particulars

found under section 10(1)(b) of that Act, the registrar shall in the

prescribed form and manner register the death and those particulars;

25

and, if the death has been previously registered, those particulars

shall be entered in the prescribed manner without any alteration of

the original entry.

(2ZA)   

Where under section 30(7)(a)(i) of the 2009 Act the Chief Coroner

amends a finding under section 10(1)(b) of that Act and sends to the

30

registrar a certificate setting out the amended particulars, the

registrar shall in the prescribed form and manner register the

amended particulars without any alteration of the original entry.”

      (3)  

For subsection (2A) substitute—

“(2A)   

Where—

35

(a)   

an investigation under Part 1 of the 2009 Act into a death is

suspended under Schedule 1 to that Act, and

(b)   

the senior coroner sends to the registrar a certificate stating

the particulars required by this Act to be registered

concerning the death (so far as they have been ascertained at

40

the date of the certificate),

   

the registrar shall in the prescribed form and manner register the

death and those particulars.

(2B)   

Where—

(a)   

an investigation under Part 1 of the 2009 Act into a death is

45

suspended under paragraph 2 of Schedule 1 to that Act

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

185

 

(suspension where certain criminal proceedings brought),

and

(b)   

the senior coroner sends to the registrar a certificate—

(i)   

stating the result of the proceedings in respect of the

charge or charges by reason of which the

5

investigation was suspended, or of any proceedings

that had to be concluded before the investigation

could be resumed, or

(ii)   

setting out any changes or additions to the particulars

mentioned in subsection (2A) of this section,

10

   

the registrar shall in the prescribed form and manner register the

result of those proceedings, or the changes or additions, without any

alteration of the original entry.

(2C)   

Where—

(a)   

an investigation under Part 1 of the 2009 Act into a death is

15

suspended under paragraph 3 of Schedule 1 to that Act

(suspension pending inquiry), and

(b)   

the senior coroner sends to the registrar a certificate—

(i)   

stating the findings of the inquiry by reason of which

the investigation was suspended,

20

(ii)   

stating the result of any proceedings that had to be

concluded before the investigation could be resumed,

or

(iii)   

setting out any changes or additions to the particulars

mentioned in subsection (2A) of this section,

25

   

the registrar shall in the prescribed form and manner register the

findings of that inquiry, or the result of those proceedings, or the

changes or additions, without any alteration of the original entry.”

      (4)  

In subsection (3), for the words from the beginning to “stating” substitute

“Where an investigation is discontinued under section 4 of the 2009 Act by

30

reason of an examination under section 15 of that Act (post-mortem

examinations) and the senior coroner sends to the registrar a certificate

stating”.

16    (1)  

Section 23A (giving of information concerning a death to a person other than

the registrar) is amended as follows.

35

      (2)  

In subsection (2), for paragraphs (a) and (b) substitute—

“(a)   

if there has been no investigation under Part 1 of the 2009 Act

into the death, a copy of a confirmed attending practitioner’s

certificate, or of a medical examiner’s certificate, given to the

registrar in accordance with regulations under section 19 of

40

the 2009 Act (medical certificate of cause of death); and

(b)   

if an investigation into the death has been discontinued

under section 4 of that Act by reason of an examination under

section 15 of that Act (post-mortem examinations), a copy of

a certificate from the senior coroner stating the cause of death

45

as disclosed by the report of the person making the

examination;”.

      (3)  

In subsection (5), after “a relative” insert “or the partner”.

      (4)  

Omit subsection (6).

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

186

 

17         

In section 24 (certificates as to registration of death), in subsection (1), for

“has received a certificate under section twenty-two of this Act” substitute

“has been given a confirmed attending practitioner’s certificate or a medical

examiner’s certificate in accordance with regulations under section 19 of the

2009 Act”.

5

18    (1)  

Section 29 (correction of error in registers) is amended as follows.

      (2)  

After subsection (3) insert—

“(3A)   

In the case of a death in relation to which the registrar has been given

a confirmed attending practitioner’s certificate, or a medical

examiner’s certificate, in accordance with regulations under section

10

19 of the 2009 Act—

(a)   

no correction under subsection (3) of this section relating to

the cause of death may be made without the approval of the

medical examiner concerned;

(b)   

any error of fact or substance relating to the cause of death in

15

a register of deaths may be corrected by entry in the margin

(without any alteration of the original entry) by the officer

having the custody of the register on being notified by the

medical examiner of the nature of the error and the true facts

of the case.

20

(3B)   

In the case of a death in relation to which an investigation under Part

1 of the 2009 Act has been discontinued under section 4 of that Act

(cause of death revealed by post-mortem examination)—

(a)   

no correction under subsection (3) of this section relating to

the cause of death may be made without the approval of the

25

senior coroner concerned;

(b)   

any error of fact or substance relating to the cause of death in

a register of deaths may be corrected by entry in the margin

(without any alteration of the original entry) by the officer

having the custody of the register on being notified by the

30

senior coroner of the nature of the error and the true facts of

the case.”

      (3)  

In paragraph (a) of subsection (4), for “touching which he has held an

inquest” substitute “into which he has conducted an investigation under

Part 1 of the 2009 Act (other than one that has been discontinued under

35

section 4 of that Act)”.

      (4)  

Omit paragraph (b) of that subsection and the word “or” preceding it.

19         

In section 34 (entry in register as evidence of birth or death) omit subsection

(4).

20    (1)  

In section 41 (interpretation) insert the following definitions at the

40

appropriate places—

““the 2009 Act” means the Coroners and Justice Act 2009;”;

““attending practitioner’s certificate” has the meaning given by

section 19(1)(a) of the 2009 Act;”;

““confirmed attending practitioner’s certificate” means an

45

attending practitioner’s certificate in respect of which the

cause of death has been confirmed by a medical examiner in

accordance with regulations under section 19(1)(f)(i) of the

2009 Act;”;

 
 

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc

187

 

““medical examiner” means a person appointed under section

18 of the 2009 Act;”;

““medical examiner’s certificate” has the meaning given by

section 19(1)(h) of the 2009 Act;”;

““partner” (except in the expression “civil partner”) is to be read

5

in accordance with subsection (2) of this section.”

      (2)  

At the end of that section (which becomes subsection (1)) insert—

“(2)   

A person is the partner of a deceased person if the two of them

(whether of different sexes or the same sex) were living as partners

in an enduring relationship at the time of the deceased person’s

10

death.

(3)   

A reference in this Act to an investigation under Part 1 of the 2009 Act

being conducted includes a reference to the case where such an

investigation has begun and—

(a)   

has not yet finished,

15

(b)   

is suspended under Schedule 1 to that Act (whether

temporarily or otherwise), or

(c)   

is discontinued under section 4 of that Act.”

Courts Act 1971 (c. 23)

21         

In Schedule 2 to the Courts Act 1971 (certain office-holders eligible for

20

appointment as circuit judges), in Part 1A, for “Coroner appointed under

section 2 of the Coroners Act 1988” substitute “Senior coroner appointed

under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009”.

Pensions (Increase) Act 1971 (c. 56)

22         

In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in

25

paragraph 61, after “the Coroners Act 1988” insert “or by virtue of paragraph

17 of Schedule 3 to the Coroners and Justice Act 2009”.

Juries Act 1974 (c. 23)

23         

In section 19 of the Juries Act 1974 (payment for jury service), in subsections

(2) and (5), for “the Coroners Act 1988” substitute “Schedule 6 to the

30

Coroners and Justice Act 2009”.

Health and Safety at Work etc. Act 1974 (c. 37)

24    (1)  

In section 34 of the Health and Safety at Work etc. Act 1974 (extension of time

for bringing summary proceedings), subsection (1) is amended as follows.

      (2)  

In paragraph (c), for “a coroner’s inquest is held touching” substitute “an

35

investigation under Part 1 of the Coroners and Justice Act 2009 is conducted

into”.

      (3)  

For the words from “from the report” to “proceedings at the inquest or”

substitute “from the report or investigation or, in a case falling within

paragraph (d) above, from the proceedings at the”.

40

      (4)  

For “report, inquest or inquiry” substitute “report, investigation or inquiry”.

      (5)  

For “conclusion of the inquest” substitute “conclusion of the investigation”.

 
 

 
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