Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 6 — Allowances, fees and expenses
Part 2 — Allowances payable to witnesses
134

Schedule 6
Section 26

Allowances, fees and expenses
Part 1
Allowances payable to jurors
1
A person who serves as a juror at an inquest is entitled, in respect of
5
attending the inquest, to receive payments by way of allowance—
(a)
for travelling and subsistence;
(b)
for financial loss.

This is subject to any conditions prescribed by regulations.
2
But a person is entitled to receive payments by way of allowance for
10
financial loss only if, in consequence of attending the inquest, the person
has—
(a)
incurred expenses (other than on travelling and subsistence) that he
or she would otherwise not have incurred,
(b)
suffered a loss of earnings that he or she would otherwise not have
15
suffered, or
(c)
suffered a loss of benefit under the enactments relating to social
security that he or she would otherwise not have suffered.
3
Regulations may prescribe the rates of any allowances payable under
paragraph 1.
20
4
The amount due to a person under paragraph 1 is to be calculated by the
senior coroner and paid by (or on behalf of) the senior coroner.
Part 2
Allowances payable to witnesses
5     (1)
Regulations may prescribe the allowances that may be paid by (or on behalf
25
of) senior coroners—
(a)
to witnesses;
(b)
to persons who produce documents or things by virtue of paragraph
1(1) or (2) of Schedule 4;
(c)
to persons who provide evidence in the form of a written statement
30
by virtue of paragraph 1(2)(a) of that Schedule.
      (2)
In this paragraph “witness” means a person properly attending before a
senior coroner to give evidence at an inquest or in connection with the
possibility of doing so (whether or not the person actually gives evidence),
but does not include—
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(a)
a police officer, or a member of a service police force, attending in his
or her capacity as such;
(b)
a full-time officer of an institution to which the Prison Act 1952 (c. 52)
applies in his or her capacity as such;
(c)
a prisoner in respect of an occasion on which he or she is conveyed
40
in custody to appear before a senior coroner.

Coroners and Justice Bill
Schedule 6 — Allowances, fees and expenses
Part 4 — Meeting or reimbursing expenses
135

Part 3
Miscellaneous fees, allowances and expenses
6
Regulations may prescribe the fees and allowances that may be paid by (or
on behalf of) senior coroners to persons who make examinations under
section 15.
5
7     (1)
A relevant authority for a coroner area may issue a schedule of the fees,
allowances and expenses that may be lawfully paid or incurred by the senior
coroner for the area in the performance of the coroner’s functions.
      (2)
The power under sub-paragraph (1) includes power to amend or revoke any
schedule issued.
10
      (3)
In exercising the power under sub-paragraph (1) a relevant authority must
have regard to any guidance from time to time issued by the Lord
Chancellor.
      (4)
A copy of any schedule that is issued or amended must be given to the senior
coroner.
15
      (5)
The reference in sub-paragraph (1) to fees and allowances does not include
fees or allowances within any of the preceding paragraphs of this Schedule.
8
Regulations may prescribe the fees payable to coroners for supplying copies
of documents in their custody relating to investigations or inquests under
this Part of this Act that they are conducting or have conducted.
20
Part 4
Meeting or reimbursing expenses
9     (1)
Regulations may make provision for or in connection with meeting or
reimbursing—
(a)
expenses incurred by senior coroners (including expenses incurred
25
under or by virtue of paragraph 4, 5 or 6);
(b)
expenses incurred by area coroners and assistant coroners;
(c)
expenses incurred by virtue of Schedule 8 in the conduct of an
investigation by the Chief Coroner or by a judge.
      (2)
The regulations may make provision—
30
(a)
for accounts or evidence relating to expenses to be provided to
relevant authorities;
(b)
for or in connection with the meeting or reimbursement by relevant
authorities of expenses of a description specified in the regulations;
(c)
for or in connection with appeals relating to decisions with respect to
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meeting or reimbursing expenses.

This sub-paragraph is not to be read as limiting the power in sub-paragraph
(1).

Coroners and Justice Bill
Schedule 7 — Chief Coroner and Deputy Chief Coroners
136

Part 5
Supplemental
10
For the purposes of paragraph 1, a person who attends for service as a juror
in accordance with a summons is to be treated as serving as a juror even if
he or she is not sworn.
5
11    (1)
The power to make regulations under this Schedule is exercisable by the
Lord Chancellor.
      (2)
Regulations under this Schedule may be made only if—
(a)
the Lord Chief Justice, or
(b)
a judicial office holder (as defined in section 109(4) of the
10
Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of
this sub-paragraph by the Lord Chief Justice,

agrees to the making of the regulations.
Schedule 7
Section 27

Chief Coroner and Deputy Chief Coroners
15
Qualifications and term of office
1     (1)
To be eligible for appointment as the Chief Coroner or as a Deputy Chief
Coroner a person must be—
(a)
a judge of the High Court or a Circuit judge, and
(b)
under the age of 70.
20
      (2)
The appointment of a person as the Chief Coroner or as a Deputy Chief
Coroner is to be for a term decided by the Lord Chief Justice after consulting
the Lord Chancellor.

The term must be one that expires before the person’s 70th birthday.
      (3)
In this paragraph “appointment” includes re-appointment.
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Resignation or removal
2     (1)
The Chief Coroner or a Deputy Chief Coroner may resign from office by
giving notice in writing to the Lord Chief Justice.
      (2)
But the resignation does not take effect unless and until it is accepted by the
Lord Chief Justice, who must consult the Lord Chancellor before accepting
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it.
3
The Lord Chief Justice may, after consulting the Lord Chancellor, remove
the Chief Coroner or a Deputy Chief Coroner from office for incapacity or
misbehaviour.
Remuneration, allowances and expenses
35
4
The Lord Chancellor may pay to the Chief Coroner—
(a)
amounts determined by the Lord Chancellor by way of
remuneration or allowances;

Coroners and Justice Bill
Schedule 8 — Investigation by Chief Coroner or by judge, former judge or former coroner
137

(b)
amounts determined by the Lord Chancellor towards expenses
incurred by the Chief Coroner in performing functions as such.
5
The Lord Chancellor may pay to a Deputy Chief Coroner—
(a)
amounts determined by the Lord Chancellor by way of
remuneration or allowances;
5
(b)
amounts determined by the Lord Chancellor towards expenses
incurred by that Deputy Chief Coroner in performing functions as
such.
Exercise of Chief Coroner’s functions by Deputy Chief coroner
6     (1)
A Deputy Chief Coroner may perform any functions of the Chief Coroner—
10
(a)
during a period when the Chief Coroner is absent or unavailable;
(b)
during a vacancy in the office of Chief Coroner;
(c)
at any other time, with the consent of the Chief Coroner.
      (2)
Accordingly a reference in this Part to the Chief Coroner is to be read, where
appropriate, as including a Deputy Chief Coroner.
15
Staff
7     (1)
The Lord Chancellor must appoint staff to assist the Chief Coroner and any
Deputy Chief Coroners in the performance of their functions.
      (2)
Such staff are to be appointed on whatever terms and conditions the Lord
Chancellor thinks appropriate.
20
Schedule 8
Section 31

Investigation by Chief Coroner or by judge, former judge or former coroner
Investigation by Chief Coroner
1     (1)
The Chief Coroner may conduct an investigation into a person’s death.
      (2)
Where the Chief Coroner is responsible for conducting an investigation by
25
virtue of this paragraph—
(a)
the Chief Coroner has the same functions in relation to the body and
the investigation as would be the case if he or she were a senior
coroner in whose area the body was situated;
(b)
no senior coroner, area coroner or assistant coroner has any functions
30
in relation to the body or the investigation.
      (3)
Accordingly a reference in a statutory provision (whenever made) to a
senior coroner is to be read, where appropriate, as including the Chief
Coroner exercising functions by virtue of this paragraph.
Investigation by judge, former judge or former coroner
35
2     (1)
If requested to do so by the Chief Coroner, the Lord Chief Justice may
nominate a person within sub-paragraph (2) to conduct an investigation into
a person’s death.

Coroners and Justice Bill
Schedule 8 — Investigation by Chief Coroner or by judge, former judge or former coroner
138

      (2)
A person is within this sub-paragraph if at the time of the nomination he or
she is—
(a)
a judge of the High Court,
(b)
a Circuit judge, or
(c)
a person who has held office as a judge of the Court of Appeal or of
5
the High Court (but no longer does so),

and is under the age of 75.
      (3)
The Chief Coroner may request a person who at the time of the request—
(a)
has held office as a senior coroner (but no longer does so), and
(b)
is under the age of 75,
10

to conduct an investigation into a person’s death.
      (4)
If a person nominated or requested under this paragraph agrees to conduct
the investigation—
(a)
that person is under a duty to do so;
(b)
that person has the same functions in relation to the body and the
15
investigation as would be the case if he or she were a senior coroner
in whose area the body was situated;
(c)
no senior coroner, area coroner or assistant coroner has any functions
in relation to the body or the investigation.
      (5)
Accordingly a reference in a statutory provision (whenever made) to a
20
coroner is to be read, where appropriate, as including a person who has been
nominated or requested under this paragraph to conduct an investigation
and has agreed to do so.
      (6)
The Lord Chief Justice must consult the Lord Chancellor before making a
nomination under this paragraph.
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Appeals
3     (1)
Where—
(a)
by virtue of this Schedule an investigation is conducted by the Chief
Coroner or some other person who is a judge of the High Court or a
Circuit judge, or by a person who has held office as a judge of the
30
Court of Appeal or of the High Court, and
(b)
the investigation gives rise to an appeal under section 30,

that section has effect as if references in it to the Chief Coroner were
references to an appropriate judge nominated by the Lord Chief Justice.
      (2)
In this paragraph “appropriate judge” means—
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(a)
where the person mentioned in sub-paragraph (1)(a) is—
(i)
a judge of the High Court, or
(ii)
a person who has held office as a judge of the Court of Appeal
or of the High Court,

a judge of the Court of Appeal;
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(b)
otherwise, a judge of the High Court.
Investigations already begun
4
A reference in this Schedule to conducting an investigation, in the case of an
investigation that has already begun, is to be read as a reference to
continuing to conduct the investigation.
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