The Coroners Allowances, Fees and Expenses Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/1615
Year2013

2013 No. 1615

Coroners, England And Wales

The Coroners Allowances, Fees and Expenses Regulations 2013

Made 2nd July 2013

Laid before Parliament 4th July 2013

Coming into force 25th July 2013

The Lord Chancellor, in exercise of the powers conferred by section 34 of, and Schedule 7 to, the Coroners and Justice Act 20091, and with the agreement of the Lord Chief Justice makes the following Regulations:

1 Introduction

PART 1

Introduction

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Coroners Allowances, Fees and Expenses Regulations 2013 and shall come into force on 25th July 2013.

Interpretation
S-2 Interpretation

Interpretation

2. In these Regulations—

“copy” means in relation to a document, anything on which information recorded in a document has been copied, by whatever means and whether directly or indirectly;

“coroner” means:

(a) a senior coroner, area coroner or assistant coroner;

(b) the Chief Coroner when conducting an investigation under paragraph 1 of Schedule 10 to the Coroners and Justice Act 2009; and

(c) a judge, former judge or former coroner conducting an investigation under paragraph 3 of Schedule 10 to the Coroners and Justice Act 2009,

unless a provision of these Regulations specifically provides otherwise;

“document” means any medium in which information of any description is recorded or stored;

“expert witness” means a person of any calling, profession or trade who gives evidence at an inquest because of his or her expertise, other than a professional witness;

“ordinary witness” means any person who gives evidence at an inquest and is not an expert or professional witness;

“professional witness” means any person who is practising as a member of the medical profession or as a dentist who gives medical evidence at an inquest;

“relevant authority” means the local authority designated as such in accordance with the Coroners and Justice Act 2009 for a particular coroner area; and

“witness” means an expert witness, ordinary witness or professional witness.

Delegation of administrative functions
S-3 Delegation of administrative functions

Delegation of administrative functions

3. A coroner may delegate administrative functions to coroner’s officers and other staff.

2 Calculation, determination and payment of allowances, fees and expenses

PART 2

Calculation, determination and payment of allowances, fees and expenses

Calculation and payment by the coroner
S-4 Calculation and payment by the coroner

Calculation and payment by the coroner

4. Any allowance, fee or expense payable to a person under these Regulations is to be calculated by the coroner or the coroner’s relevant authority, and paid by the coroner or the coroner’s relevant authority.

Determination by the coroner
S-5 Determination by the coroner

Determination by the coroner

5. A coroner may require a person claiming an expense under these Regulations to provide receipts, invoices or other documents proving the expense incurred before determining and making any payment under these Regulations.

Explanation by the coroner
S-6 Explanation by the coroner

Explanation by the coroner

6. A coroner must, if requested to do so by a person claiming an allowance, fee or expense under these Regulations, provide that person with information on how his or her particular allowance, fee or expense has been calculated.

Unusual allowance, fee or expense
S-7 Unusual allowance, fee or expense

Unusual allowance, fee or expense

7.—(1) A coroner must report any unusual allowance, fee or expense likely to be incurred in relation to an investigation to his or her relevant authority before it is incurred.

(2) Where it is not possible to report the unusual allowance, fee or expense before it is incurred under paragraph (1), the coroner must—

(a)

(a) report the unusual allowance, fee or expense on the date it is incurred; or

(b)

(b) as soon as reasonably practicable after that date.

3 Allowances, fees and expenses

PART 3

Allowances, fees and expenses

Provision of allowances, fees and expenses
S-8 Provision of allowances, fees and expenses

Provision of allowances, fees and expenses

8. The Schedule to these Regulations provides for the allowances, fees and expenses that are payable by or on behalf of a coroner.

Expert witness fee for preparatory work
S-9 Expert witness fee for preparatory work

Expert witness fee for preparatory work

9. A coroner may pay an expert witness who has carried out preparatory work directly related to the giving of evidence at an inquest a fee that the coroner considers reasonable having regard to the nature and complexity of the preparatory work carried out.

Expert witness fee for attending an inquest
S-10 Expert witness fee for attending an inquest

Expert witness fee for attending an inquest

10.—(1) A coroner may pay an expert witness a fee that the coroner considers reasonable for attending and giving expert evidence at an inquest.

(2) When considering a fee which is reasonable under paragraph (1) the coroner shall have regard to the nature and complexity of the evidence provided by the expert witness.

Additional expenses
S-11 Additional expenses

Additional expenses

11. A coroner may reimburse a suitable practitioner, juror or witness for any additional expenses, other than those prescribed by these Regulations, which the coroner believes have been reasonably incurred.

Fee for disclosure after an inquest
S-12 Fee for disclosure after an inquest

Fee for disclosure after an inquest

12.—(1) This regulation applies where a coroner discloses a document to an interested person after an inquest.

(2) No fee shall be payable where a document is disclosed by email by a coroner to an interested person.

(3) Where a document is disclosed by a coroner as a paper copy, a fee of £5 for a document of 10 pages or less shall be payable, with an additional 50p payable for each subsequent page.

(4) A fee of £5 per document shall be payable where a document is disclosed in any other medium, other than by email or as a paper copy.

(5) The fee for a transcription of an inquest hearing shall be as follows—

(a)

(a) for a copy consisting of 360 words or less, £6.20;

(b)

(b) for a copy consisting of between 361 words and up to an including 1439 words, £13.10; and

(c)

(c) for a copy consisting of 1440 words or more, £13.10 for the first 1440 words and 70p for each additional 72 words or part thereof.

4 Record keeping and indemnities

PART 4

Record keeping and indemnities

Providing accounts to the relevant authority
S-13 Providing accounts to the relevant authority

Providing accounts to the relevant authority

13.—(1) A coroner must provide his or her relevant authority with an account of all allowances, fees and expenses paid under these Regulations at time intervals agreed with that relevant authority.

(2) An account provided to the relevant authority under paragraph (1) shall include any receipt, invoice or other document that proves the sum incurred.

(3) A relevant authority shall, on being satisfied that an account submitted under paragraph (1) is correct, reimburse the coroner in respect of the payments to which the account relates.

Record of allowances, fees and expenses

Record of allowances, fees and expenses

S-14 A coroner and his or her relevant authority must each keep a...

14.—(1) A coroner and his or her relevant authority must each keep a record of all allowances, fees and expenses paid under these Regulations for 3 years.

(2) A coroner and his or her relevant authority must, if...

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