|
| |
|
House of Commons Disqualification Act 1975 (c. 24) |
| |
25 | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(other disqualifying offices) insert the following entry at the appropriate |
| |
| |
“Senior coroner, area coroner or assistant coroner appointed under Part 1 |
| 5 |
of the Coroners and Justice Act 2009.” |
| |
Northern Ireland Assembly Disqualification Act 1975 (c. 25) |
| |
26 | In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (other disqualifying offices) insert the following entry at the |
| |
| 10 |
“Senior coroner, area coroner or assistant coroner appointed under Part 1 |
| |
of the Coroners and Justice Act 2009.” |
| |
Magistrates’ Courts Act 1980 (c. 43) |
| |
27 | In Schedule 6A to the Magistrates’ Courts Act 1980 (fines that may be altered |
| |
| 15 |
(a) | omit the entry relating to the Coroners Act 1988, and |
| |
(b) | after the entry relating to the Powers of Criminal Courts (Sentencing) |
| |
| |
| “CORONERS AND JUSTICE ACT 2009 |
| | | | | In Schedule 5, paragraphs 5 (refusal to |
| | | 20 | | serve as juror etc) and 6 (refusal to give |
| | | | | | | | |
|
Access to Health Records Act 1990 (c. 23) |
| |
28 (1) | Section 3 of the Access to Health Records Act 1990 (right of access to health |
| |
records) is amended as follows. |
| 25 |
(2) | In subsection (1) (persons entitled to access), at the end insert— |
| |
“(g) | where the patient has died, a medical examiner exercising |
| |
functions by virtue of section 19 of the Coroners and Justice |
| |
Act 2009 in relation to the death.” |
| |
(3) | In subsection (4) (fee for access), at the end insert— |
| 30 |
| “Paragraphs (a) and (b) above do not apply in the case of access for |
| |
which an application is made under subsection (1)(g) above.” |
| |
Courts and Legal Services Act 1990 (c. 41) |
| |
29 | In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred |
| |
from legal practice), for “Coroner appointed under section 2 of the Coroners |
| 35 |
Act 1988” substitute “Senior coroner appointed under paragraph 1 of |
| |
Schedule 3 to the Coroners and Justice Act 2009”. |
| |
Merchant Shipping Act 1995 (c. 21) |
| |
30 | The Merchant Shipping Act 1995 is amended as follows. |
| |
|
| |
|
| |
|
31 | In section 108 (returns of births and deaths in ships etc), in subsection (6)(b), |
| |
for “is satisfied that an inquest is unnecessary” substitute “discontinues an |
| |
investigation under Part 1 of the Coroners and Justice Act 2009 or, as the case |
| |
may be, is satisfied that an inquest under the Coroners Act (Northern |
| |
Ireland) 1959 is unnecessary”. |
| 5 |
32 | In section 271 (inquiries into deaths of crew members and others), in |
| |
subsection (6), for “where” to the end substitute “where— |
| |
(a) | in England and Wales, an investigation is to be conducted |
| |
under Part 1 of the Coroners and Justice Act 2009; |
| |
(b) | in Northern Ireland, an inquest is to be held under the |
| 10 |
Coroners Act (Northern Ireland) 1959; |
| |
(c) | in Scotland, an enquiry is to be held under the Fatal Accidents |
| |
and Sudden Deaths Inquiry (Scotland) Act 1976.” |
| |
33 (1) | Section 273 (transmission of particulars of certain deaths on ships) is |
| |
| 15 |
(2) | In paragraph (a), for “or a post mortem examination” to the end substitute |
| |
“or subsection (2) below applies; and”. |
| |
(3) | At the end of that section (which becomes subsection (1)) insert— |
| |
“(2) | This subsection applies where— |
| |
(a) | in England and Wales, an investigation under Part 1 of the |
| 20 |
Coroners and Justice Act 2009 into a person’s death is |
| |
discontinued under section 4 of that Act (cause of death |
| |
revealed by post-mortem examination); or |
| |
(b) | in Northern Ireland, a preliminary investigation is made of a |
| |
dead body as a result of which the coroner is satisfied that an |
| 25 |
| |
Employment Rights Act 1996 (c. 18) |
| |
34 (1) | The Employment Rights Act 1996 is amended as follows. |
| |
(2) | In section 43M (jury service), in subsection (1)(a), for “the Coroners Act 1988” |
| |
substitute “Part 1 of the Coroners and Justice Act 2009”. |
| 30 |
(3) | In section 98B (jury service), in subsection (1)(a), for “the Coroners Act 1988” |
| |
substitute “Part 1 of the Coroners and Justice Act 2009”. |
| |
Treasure Act 1996 (c. 24) |
| |
35 | The Treasure Act 1996 is amended as follows. |
| |
36 | For section 7 (jurisdiction of coroners) substitute— |
| 35 |
“7 | Jurisdiction of coroners |
| |
(1) | As regards Northern Ireland, the jurisdiction of coroners which is |
| |
referred to in section 33 of the Coroners Act (Northern Ireland) 1959 |
| |
(treasure) is exercisable in relation to anything that is treasure for the |
| |
| 40 |
(2) | That jurisdiction is not exercisable for the purposes of the law |
| |
relating to treasure trove in relation to anything found after the |
| |
commencement of section 4. |
| |
|
| |
|
| |
|
(3) | The Act of 1959 has effect subject to this section. |
| |
(4) | An inquest held by virtue of subsection (1) is to be held without a |
| |
jury, unless the coroner orders otherwise. |
| |
(5) | As regards England and Wales, see section 20 of the Coroners and |
| |
Justice Act 2009 (which confers jurisdiction on a senior coroner in |
| 5 |
relation to an object that is or may be treasure, or treasure trove |
| |
found before the commencement of section 4).” |
| |
37 (1) | Section 8 (duty of finder to notify coroner) is amended as follows. |
| |
(2) | In subsection (1), for “coroner for the district” substitute “senior coroner for |
| |
| 10 |
| |
(a) | for “coroner for a district” substitute “senior coroner for an area”, |
| |
(b) | for “coroner for that district” substitute “senior coroner for that area”, |
| |
| |
(c) | for “the coroner” substitute “the senior coroner”. |
| 15 |
(4) | After that subsection insert— |
| |
“(6) | In its application to Northern Ireland this section has effect as if— |
| |
(a) | in subsection (1), for “senior coroner for the area” there were |
| |
substituted “coroner for the district”; |
| |
| 20 |
(i) | for “senior coroner for an area” there were substituted |
| |
“coroner for a district”; |
| |
(ii) | for “senior coroner for that area” there were |
| |
substituted “coroner for that district”; |
| |
(iii) | for “the senior coroner” there were substituted “the |
| 25 |
| |
38 | For section 9 substitute— |
| |
“9 | Procedure for investigations: England and Wales |
| |
(1) | Before conducting an investigation concerning an object, a senior |
| |
| 30 |
(a) | notify the appropriate national museum; |
| |
(b) | take reasonable steps to notify— |
| |
(i) | any person who the coroner thinks may have found |
| |
| |
(ii) | any person who, at the time the object was found, |
| 35 |
occupied land that the coroner thinks may be where it |
| |
| |
(2) | During an investigation the senior coroner must take reasonable |
| |
steps to notify any person within subsection (1)(b) who has not |
| |
| 40 |
(3) | Before or during an investigation, the senior coroner must take |
| |
| |
(a) | to obtain the names and addresses of any other interested |
| |
| |
|
| |
|
| |
|
(b) | to notify any interested person whose name and address he |
| |
| |
(4) | The senior coroner must take reasonable steps to give any interested |
| |
person an opportunity to examine witnesses at any inquest held as |
| |
part of an investigation. |
| 5 |
| |
“the appropriate national museum” means— |
| |
(a) | the British Museum, if the object in question was |
| |
found or is believed to have been found in England; |
| |
(b) | the National Museum of Wales, if it was found or is |
| 10 |
believed to have been found in Wales; |
| |
“interested person” has the meaning given by section 36(6) of |
| |
the Coroners and Justice Act 2009; |
| |
“investigation” means an investigation under section 20 of that |
| |
| 15 |
(6) | This section extends only to England and Wales. |
| |
9A | Procedure for inquests: Northern Ireland |
| |
(1) | Before conducting an inquest concerning an object, a coroner must— |
| |
(a) | notify the Department of the Environment for Northern |
| |
| 20 |
(b) | take reasonable steps to notify— |
| |
(i) | any person who the coroner thinks may have found |
| |
| |
(ii) | any person who, at the time the object was found, |
| |
occupied land that the coroner thinks may be where it |
| 25 |
| |
(2) | During the inquest the coroner must take reasonable steps to notify |
| |
any person within subsection (1)(b) who has not already been |
| |
| |
(3) | Before or during the inquest, the coroner must take reasonable |
| 30 |
| |
(a) | to obtain the names and addresses of any other interested |
| |
| |
(b) | to notify any interested person whose name and address he |
| |
| 35 |
(4) | The coroner must take reasonable steps to give any interested person |
| |
an opportunity to examine witnesses at the inquest. |
| |
| |
“inquest” means an inquest held by virtue of section 7(1); |
| |
“interested person” means— |
| 40 |
(a) | the Department of the Environment for Northern |
| |
| |
(b) | the finder of the object in question or any person |
| |
otherwise involved in the find; |
| |
|
| |
|
| |
|
(c) | the occupier, at the time the object was found, of the |
| |
land where it was found or is believed to have been |
| |
| |
(d) | a person who had an interest in that land at that time |
| |
or who has had such an interest since; |
| 5 |
(e) | any other person with a sufficient interest. |
| |
(6) | This section extends only to Northern Ireland.” |
| |
| |
Northern Ireland (Location of Victims’ Remains) Act 1999 (c. 7) |
| |
40 | In section 4 of the Northern Ireland (Location of Victims’ Remains) Act 1999 |
| 10 |
(restrictions on forensic testing), in subsection (2), for “for the purposes of an |
| |
inquest, the identity” substitute “for the purposes of— |
| |
(a) | an inquest under the Coroners Act (Northern Ireland) 1959, |
| |
| |
(b) | an investigation under Part 1 of the Coroners and Justice Act |
| 15 |
| |
| |
Freedom of Information Act 2000 (c. 36) |
| |
41 | In section 32 of the Freedom of Information Act 2000 (court records etc), in |
| |
subsection (4)(b), for “any inquest or” substitute “any investigation under |
| 20 |
Part 1 of the Coroners and Justice Act 2009, any inquest under the Coroners |
| |
Act (Northern Ireland) 1959 and any”. |
| |
International Criminal Court Act 2001 (c. 17) |
| |
42 | In section 35 of the International Criminal Court Act 2001 (orders for |
| |
exhumation), for “section 23 of the Coroners Act 1988 (c. 13)” substitute |
| 25 |
“paragraph 5 of Schedule 4 to the Coroners and Justice Act 2009”. |
| |
| |
43 | In Schedule 3A to the Courts Act 2003 (further provision about the |
| |
inspectors of court administration), in paragraph 2(2) (inspection |
| |
programmes and inspection frameworks: consultation etc), after “the Lord |
| 30 |
Chief Justice of England and Wales” insert “, the Chief Coroner”. |
| |
Human Tissue Act 2004 (c. 30) |
| |
44 | The Human Tissue Act 2004 is amended as follows. |
| |
45 | In section 1 (authorisation of activities for scheduled purposes), in |
| |
subsection (2), for the words after “shall be lawful” substitute “if done with |
| 35 |
the appropriate consent and after— |
| |
(a) | the confirmation of the cause of death by a medical examiner |
| |
in accordance with regulations under section 19(1)(f)(i) of the |
| |
Coroners and Justice Act 2009 or the issue by medical |
| |
examiner of a certificate of the cause of death in accordance |
| 40 |
with regulations under section 19(1)(h)(i) of that Act, or |
| |
|
| |
|
| |
|
(b) | the signing of a certificate under Article 25(2) of the Births |
| |
and Deaths Registration (Northern Ireland) Order 1976 of the |
| |
cause of the person’s death.” |
| |
46 (1) | Section 5 (prohibition of activities without consent etc) is amended as |
| |
| 5 |
(2) | In subsection (3), for the words from “neither” to the end substitute “none of |
| |
the following has happened in relation to the death of the person |
| |
| |
(a) | the confirmation of the cause of death by a medical examiner |
| |
in accordance with regulations under section 19(1)(f)(i) of the |
| 10 |
Coroners and Justice Act 2009 or the issue by medical |
| |
examiner of a certificate of the cause of death in accordance |
| |
with regulations under section 19(1)(h)(i) of that Act; |
| |
(b) | the signing of a certificate under Article 25(2) of the Births |
| |
and Deaths Registration (Northern Ireland) Order 1976 of the |
| 15 |
| |
(3) | In subsection (4)(a)(i), for “a certificate under either of those provisions has |
| |
been signed in relation to the cause of death of the person concerned” |
| |
substitute “one of the things mentioned in paragraphs (a) and (b) of that |
| |
subsection has happened in relation to the death of the person concerned”. |
| 20 |
47 | In section 43 (preservation for transplantation), after subsection (5) insert— |
| |
“(5A) | Section 11(2) applies to an act on authority under subsection (1) |
| |
above as it applies to an act on authority under section 1.” |
| |
| |
| 25 |
Children and Young Persons Act 1933 (c. 12) |
| |
48 | In Schedule 1 to the Children and Young Persons Act 1933 (offences against |
| |
children and young persons to which special provisions apply), after the |
| |
entry relating to infanticide insert— |
| |
“An offence under section 2(1) of the Suicide Act 1961 (encouraging or |
| 30 |
assisting suicide) where the relevant act is an act capable of, and done |
| |
with the intention of, encouraging or assisting the suicide of a child or |
| |
| |
Visiting Forces Act 1952 (c. 67) |
| |
49 | In the Visiting Forces Act 1952— |
| 35 |
(a) | in section 7(6) (provisions as to coroner’s inquests and removal of |
| |
bodies: meaning of homicide) for the words from “murder” to the |
| |
| |
(a) | murder, manslaughter or infanticide, |
| |
(b) | any offence under the law of the country in question |
| 40 |
which is analogous to any of the offences within |
| |
| |
(c) | any offence under the law of the country in question |
| |
which is analogous to an offence under section 2(1) of |
| |
the Suicide Act 1961 or section 13(1) of the Criminal |
| 45 |
|
| |
|
| |
|
Justice Act (Northern Ireland) 1966 (encouraging or |
| |
assisting suicide).”, and |
| |
(b) | in paragraph 1(a) of the Schedule (offences against the person for |
| |
purposes of restriction of trial by United Kingdom courts of |
| |
offenders connected with visiting forces) for the words from “of” to |
| 5 |
“commit suicide” substitute “under section 2(1) of the Suicide Act |
| |
1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) |
| |
1966 (encouraging or assisting suicide)”. |
| |
| |
50 | In Schedule 1 to the Suicide Act 1961— |
| 10 |
(a) | in Part 1 omit the entry relating to Schedule 1 to the Children and |
| |
Young Persons Act 1933 (c. 12), and |
| |
(b) | in Part 2 omit the entry relating to section 7 of the Visiting Forces Act |
| |
| |
Criminal Justice Act (Northern Ireland) 1966 (c. 20) |
| 15 |
51 | In section 12 of the Criminal Justice Act (Northern Ireland) 1966 (suicide to |
| |
cease to be a crime), for “13 and 14” substitute “13 to 14”. |
| |
Children and Young Persons Act (Northern Ireland) 1968 (c. 34) |
| |
52 | In Schedule 1 to the Children and Young Persons Act (Northern Ireland) |
| |
1968 (offences against children and young persons to which special |
| 20 |
provisions apply), for the entry for “Aiding, abetting, counselling or |
| |
procuring the suicide of a child or young person” substitute— |
| |
“An offence under section 13(1) of the Criminal Justice Act (Northern |
| |
Ireland) 1966 (encouraging or assisting suicide) where the relevant act |
| |
is an act capable of, and done with the intention of, encouraging or |
| 25 |
assisting the suicide of a child or young person.” |
| |
Criminal Attempts Act 1981 (c. 47) |
| |
53 | After section 1(4)(b) of the Criminal Attempts Act 1981 (exclusions to offence |
| |
of attempting to commit an offence) insert— |
| |
“(ba) | an offence under section 2(1) of the Suicide Act 1961 (c. 60) |
| 30 |
(encouraging or assisting suicide);”. |
| |
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) |
| |
54 | After Article 3(4)(b) of the Criminal Attempts and Conspiracy (Northern |
| |
Ireland) Order 1983 (exclusions to offence of attempting to commit an |
| |
| 35 |
“(ba) | an offence under section 13(1) (encouraging or assisting |
| |
suicide) of the Criminal Justice Act (Northern Ireland) 1966;”. |
| |
Law Reform (Year and a Day Rule) Act 1996 (c. 19) |
| |
55 (1) | Section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on |
| |
institution of proceedings for a fatal offence) is amended as follows. |
| 40 |
|
| |
|