|
| |
|
(3B) | A resumed inquest may be held with a jury if the coroner thinks that |
| |
there is sufficient reason for it to be held with one.” |
| |
(6) | In subsection (4), for the words from “the Secretary of State” to “to be held” |
| |
substitute “the Lord Chancellor under subsection (1A) or (3) of this section, |
| |
an investigation is required to be conducted”. |
| 5 |
(7) | In subsection (5), for “section two of the said Act of 1926” substitute “section |
| |
24 of the Births and Deaths Registration Act 1953”. |
| |
(8) | For subsection (7) substitute— |
| |
“(7) | In the application of this section to Northern Ireland— |
| |
(a) | in subsection (1), for “a coroner who has jurisdiction to |
| 10 |
conduct an investigation under Part 1 of the Coroners and |
| |
Justice Act 2009 into a person’s death” there is substituted “a |
| |
coroner who has jurisdiction under the Coroners Act |
| |
(Northern Ireland) 1959 to hold an inquest into a person’s |
| |
| 15 |
(b) | in subsection (1A), for “no investigation” there is substituted |
| |
“no inquest” and for “an investigation” there is substituted |
| |
| |
(c) | in subsection (1B), for “an investigation” there is substituted |
| |
“an inquest”, and for “suspend the investigation” there is |
| 20 |
substituted “adjourn the inquest”; |
| |
| |
(i) | for “in the course of an investigation under Part 1 of |
| |
the Coroners and Justice Act 2009” there is |
| |
substituted “on an inquest”; |
| 25 |
(ii) | for “suspend the investigation” there is substituted |
| |
| |
(iii) | for “in the course of the investigation” there is |
| |
substituted “at the inquest”; |
| |
(e) | in subsection (2A), for the words from “suspends an |
| 30 |
investigation” to the end there is substituted “adjourns an |
| |
inquest under this section shall discharge any jury that has |
| |
| |
(f) | in subsection (3), for “investigation is suspended” there is |
| |
substituted “inquest is adjourned”; |
| 35 |
(g) | subsection (3A) is omitted; |
| |
(h) | in subsection (3B), for “A resumed inquest” there is |
| |
substituted “An inquest resumed under this section”; |
| |
(i) | subsections (4) and (5) are omitted.” |
| |
Births and Deaths Registration Act 1953 (c. 20) |
| 40 |
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” |
| |
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 |
| 45 |
revealed by post-mortem examination), in the course of which”. |
| |
8 (1) | Section 16 (information concerning death in a house) is amended as follows. |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
(b) | in paragraph (b), for “any other relative of the deceased residing or |
| 5 |
being” substitute “any person who is a relative or the partner of the |
| |
deceased and who is or resides”, and |
| |
(c) | after paragraph (b) insert— |
| |
“(ba) | any personal representative of the deceased;”. |
| |
| 10 |
(a) | in paragraph (a), for “the nearest relative such” substitute “each such |
| |
| |
| |
(i) | for “no such relative” substitute “no such person”, and |
| |
(ii) | for “each such relative” substitute “each such person”, |
| 15 |
| |
(i) | for “if there are no such relatives” substitute “if neither of |
| |
paragraphs (a) and (b) above applies”, and |
| |
(ii) | for “paragraph (c) or (d)” substitute “paragraph (ba), (c) or |
| |
| 20 |
(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”, |
| |
| |
(e) | for “five days from the date of the death” substitute “five days from |
| |
| 25 |
(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 |
| |
death of the deceased person and has not been |
| |
discontinued under section 4 of that Act (cause of |
| 30 |
death revealed by post-mortem examination).” |
| |
(5) | 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 |
| 35 |
(confirmation or certification by medical examiner of cause of |
| |
| |
(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.” |
| 40 |
9 (1) | Section 17 (information concerning other deaths) is amended as follows. |
| |
| |
(a) | in paragraph (a), for “any relative of the deceased who” substitute |
| |
“any person who is a relative or the partner of the deceased and |
| |
| 45 |
(b) | after that paragraph insert— |
| |
“(aa) | any personal representative of the deceased;”. |
| |
|
| |
|
| |
|
| |
(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 |
| 5 |
(d) | 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 death of the deceased person |
| |
and has not been discontinued under section 4 |
| 10 |
of that Act (cause of death revealed by post- |
| |
| |
(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 |
| 15 |
regulations under section 19(1)(f)(i) or (h)(i) of the 2009 Act |
| |
(confirmation or certification by medical examiner of cause of |
| |
| |
(b) | where an investigation under Part 1 of that Act into the death |
| |
of the deceased person is discontinued under section 4 of that |
| 20 |
Act, the date of the discontinuance.” |
| |
10 (1) | Section 18 (notice preliminary to information of death) is amended as |
| |
| |
(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 |
| 25 |
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, |
| |
or a medical examiner’s certificate issued in accordance with regulations |
| |
under section 19 of the 2009 Act (medical certificate of cause of death),”. |
| 30 |
(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— |
| |
(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 |
| 35 |
(confirmation or certification by medical examiner of cause of |
| |
| |
(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 (cause of death revealed by post-mortem examination), |
| 40 |
the date of the discontinuance.” |
| |
11 (1) | In section 19 (registrar’s power to require information concerning death), |
| |
subsection (1) is amended as follows. |
| |
(2) | For the words from the beginning to “the registrar may” substitute— |
| |
“(A1) | This section applies where, after the expiration of the relevant period |
| 45 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | where an investigation under Part 1 of that Act into a |
| 5 |
person’s death is discontinued under section 4 of that Act |
| |
(cause of death revealed by post-mortem examination), the |
| |
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. |
| 10 |
| |
(3) | For paragraph (ii) of the proviso substitute— |
| |
“(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 |
| 15 |
| |
12 | In section 20 (registration of death free of charge) omit the words from “, at |
| |
any time” to “of any person,”. |
| |
13 | Omit section 21 (registration of death after twelve months). |
| |
14 | For section 22 substitute— |
| 20 |
“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 |
| |
certificate, or a medical examiner’s certificate, in accordance |
| |
with regulations under section 19 of the 2009 Act (medical |
| 25 |
certificate of cause of death); and |
| |
(b) | no investigation into the death under Part 1 of that Act is |
| |
| |
(2) | The registrar shall enter in the register the cause of death as stated in |
| |
the certificate, together with— |
| 30 |
(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, |
| |
the name of the practitioner by whom it was prepared and |
| |
such information about that practitioner as may be |
| 35 |
| |
15 (1) | Section 23 (furnishing of information by coroner) is amended as follows. |
| |
(2) | For subsection (2) substitute— |
| |
“(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 |
| 40 |
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; |
| |
and, if the death has been previously registered, those particulars |
| |
shall be entered in the prescribed manner without any alteration of |
| 45 |
| |
|
| |
|
| |
|
(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 |
| |
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.” |
| 5 |
(3) | For subsection (2A) substitute— |
| |
| |
(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 |
| 10 |
the particulars required by this Act to be registered |
| |
concerning the death (so far as they have been ascertained at |
| |
the date of the certificate), |
| |
| the registrar shall in the prescribed form and manner register the |
| |
death and those particulars. |
| 15 |
| |
(a) | an investigation under Part 1 of the 2009 Act into a death is |
| |
suspended under paragraph 2 of Schedule 1 to that Act |
| |
(suspension where certain criminal proceedings brought), |
| |
| 20 |
(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 |
| |
investigation was suspended, or of any proceedings |
| |
that had to be concluded before the investigation |
| 25 |
| |
(ii) | setting out any changes or additions to the particulars |
| |
mentioned in subsection (2A) of this section, |
| |
| the registrar shall in the prescribed form and manner register the |
| |
result of those proceedings, or the changes or additions, without any |
| 30 |
alteration of the original entry. |
| |
| |
(a) | an investigation under Part 1 of the 2009 Act into a death is |
| |
suspended under paragraph 3 of Schedule 1 to that Act |
| |
(suspension pending inquiry), and |
| 35 |
(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, |
| |
(ii) | stating the result of any proceedings that had to be |
| |
concluded before the investigation could be resumed, |
| 40 |
| |
(iii) | setting out any changes or additions to the particulars |
| |
mentioned in subsection (2A) of this section, |
| |
| the registrar shall in the prescribed form and manner register the |
| |
findings of that inquiry, or the result of those proceedings, or the |
| 45 |
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 |
| |
reason of an examination under section 15 of that Act (post-mortem |
| |
|
| |
|
| |
|
examinations) and the senior coroner sends to the registrar a certificate |
| |
| |
16 (1) | Section 23A (giving of information concerning a death to a person other than |
| |
the registrar) is amended as follows. |
| |
(2) | In subsection (2), for paragraphs (a) and (b) substitute— |
| 5 |
“(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 |
| |
the 2009 Act (medical certificate of cause of death); and |
| 10 |
(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 |
| |
as disclosed by the report of the person making the |
| 15 |
| |
(3) | In subsection (5), after “a relative” insert “or the partner”. |
| |
| |
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 |
| 20 |
“has been given a confirmed attending practitioner’s certificate or a medical |
| |
examiner’s certificate in accordance with regulations under section 19 of the |
| |
| |
18 (1) | Section 29 (correction of error in registers) is amended as follows. |
| |
(2) | After subsection (3) insert— |
| 25 |
“(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 |
| |
| |
(a) | no correction under subsection (3) of this section relating to |
| 30 |
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 |
| |
a register of deaths may be corrected by entry in the margin |
| |
(without any alteration of the original entry) by the officer |
| 35 |
having the custody of the register on being notified by the |
| |
medical examiner of the nature of the error and the true facts |
| |
| |
(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 |
| 40 |
(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 |
| |
senior coroner concerned; |
| |
(b) | any error of fact or substance relating to the cause of death in |
| 45 |
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 |
| |
|
| |
|
| |
|
senior coroner of the nature of the error and the true facts of |
| |
| |
(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 |
| 5 |
| |
(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 |
| |
| |
20 (1) | In section 41 (interpretation) insert the following definitions at the |
| 10 |
| |
““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 |
| 15 |
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 |
| |
| |
““medical examiner” means a person appointed under section |
| 20 |
| |
““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 |
| |
in accordance with subsection (2) of this section.” |
| 25 |
(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 |
| |
| 30 |
(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, |
| |
(b) | is suspended under Schedule 1 to that Act (whether |
| 35 |
temporarily or otherwise), or |
| |
(c) | is discontinued under section 4 of that Act.” |
| |
| |
21 | In Schedule 2 to the Courts Act 1971 (certain office-holders eligible for |
| |
appointment as circuit judges), in Part 1A, for “Coroner appointed under |
| 40 |
section 2 of the Coroners Act 1988” substitute “Senior coroner appointed |
| |
under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009”. |
| |
|
| |
|