Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
188

(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
death”;
15
(b)
in subsection (1A), for “no investigation” there is substituted
“no inquest” and for “an investigation” there is substituted
“an inquest”;
(c)
in subsection (1B), for “an investigation” there is substituted
“an inquest”, and for “suspend the investigation” there is
20
substituted “adjourn the inquest”;
(d)
in subsection (2)—
(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
“adjourn the inquest”;
(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
been summoned”;
(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.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
189

      (2)
In subsection (2)—
(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
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;”.
      (3)
In subsection (3)—
10
(a)
in paragraph (a), for “the nearest relative such” substitute “each such
person”,
(b)
in paragraph (b)—
(i)
for “no such relative” substitute “no such person”, and
(ii)
for “each such relative” substitute “each such person”,
15
(c)
in paragraph (c)—
(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
(d)”,
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”,
and
(e)
for “five days from the date of the death” substitute “five days from
the relevant date”.
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
death); or
(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.
      (2)
In subsection (2)—
(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
who”, and
45
(b)
after that paragraph insert—
“(aa)
any personal representative of the deceased;”.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
190

      (3)
In subsection (3)—
(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-
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
15
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
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
follows.
      (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
death); or
(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
from—

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
191

(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 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
(1)
The registrar may”.
      (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
Act”.
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
conducted.
(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
prescribed.”
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
the original entry.

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
192

(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—
“(2A)
Where—
(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
(2B)
Where—
(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),
and
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
could be resumed, or
(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.
(2C)
Where—
(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
or
(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

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
193

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.
      (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
examination;”.
      (3)
In subsection (5), after “a relative” insert “or the partner”.
      (4)
Omit subsection (6).
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
2009 Act”.
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
19 of the 2009 Act—
(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
of the case.
(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

Coroners and Justice Bill
Schedule 19 — Minor and consequential amendments
Part 1 — Coroners etc
194

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
5
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
10
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
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
2009 Act;”;
““medical examiner” means a person appointed under section
20
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
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
death.
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.”
Courts Act 1971 (c. 23)
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”.