The Coroners (Investigations) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/1629 |
| Year | 2013 |
2013 No. 1629
Coroners, England And Wales
The Coroners (Investigations) 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 43 of the Coroners and Justice Act 20091and with the agreement of the Lord Chief Justice, makes the following Regulations:
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the Coroners (Investigations) Regulations 2013 and shall come into force on 25th July 2013.
Interpretation
2.—(1) In these Regulations—
“2009 Act” means the Coroners and Justice Act 2009;
“bank holiday” means a day designated as a bank holiday in England and Wales under the Banking and Financial Dealings Act 19712;
“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 2009 Act; or
(c) a judge, former judge or former coroner conducting an investigation under paragraph 3 of Schedule 10 to the 2009 Act;
“document” means any medium in which information of any description is recorded or stored;
“enforcing authority” has the same meaning as in section 18(7) of the Health and Safety at Work etc. Act 19743;
“investigation” means an investigation into a death conducted under Part 1 of the 2009 Act;
“working day” means a day that is not a Saturday, a Sunday, a bank holiday, Christmas Day or Good Friday.
(2) All references to sections and schedule provisions in these Regulations are references to provisions in the 2009 Act, unless a regulation specifically states otherwise.
(3) A reference to a Form in these Regulations is a reference to a Form in the Schedule to these Regulations.
Application
3.—(1) These Regulations shall have effect in relation to any investigation (including any inquest) which has not been completed before 25th July 2013.
(2) Any decision of the coroner made in relation to an investigation, or inquest as the case may be, including any decision relating to a post-mortem examination before 25th July 2013 shall stand.
PART 2
General
Coroner availability for urgent matters
4. A coroner must be available at all times to address matters relating to an investigation into a death which must be dealt with immediately and cannot wait until the next working day.
Register of reported deaths
5.—(1) The senior coroner must keep a register of all deaths reported in his or her coroner area.
(2) The senior coroner must record in the register, the following information, when known—
(a)
(a) the date on which a death was reported under section 1;
(b)
(b) the deceased’s full name, gender, age and full address;
(c)
(c) any other information that aids the identification of the deceased; and
(d)
(d) the place of death or, if that is unknown, the place where the body was found.
Informing the deceased’s next of kin or personal representative
6. A coroner who is under a duty to investigate a death under section 1, must attempt to identify the deceased’s next of kin or personal representative and inform that person, if identified, of the coroner’s decision to begin an investigation.
Delegation of administrative functions
7. A coroner may delegate administrative, but not judicial functions, to coroner’s officers and other support staff.
Providing information to the registrar of births and deaths
8. Where a coroner suspends an investigation under paragraph 1, 2, 3 or 5 of Schedule 1 the coroner must provide the registrar of births and deaths with the particulars required to register the death under the Births and Deaths Registration Act 19534.
Interim certificate of fact of death
9.—(1) Where a coroner has begun but not yet completed or discontinued an investigation, he or she may, if requested to do so by the next of kin or personal representative of the deceased, provide that person with a certificate of the fact of death.
(2) A coroner must use Form 1 when issuing a certificate of the fact of death.
Resumption of investigation
10. Where a coroner resumes a suspended investigation in accordance with paragraph 7 of Schedule 1, the coroner must notify—
(a) The next of kin or personal representative of the deceased; and
(b) any other interested persons who have made themselves known to the coroner,
of the resumption and the reason for the resumption of the investigation.
PART 3
Post-mortem examinations
Delay in post-mortem examination to be avoided
11. A coroner who considers that a post-mortem examination should be made under section 14, shall request a suitable practitioner to make that post-mortem examination as soon as reasonably practicable.
Post-mortem examination where homicide offence is suspected
12. Where a coroner is informed by a chief officer of police that a homicide offence is suspected in connection with the death of the deceased, the coroner must consult that chief officer of police about who should make the post-mortem examination.
Notification of post-mortem examination
13.—(1) Where a coroner has requested a suitable practitioner to make a post-mortem examination, the coroner must notify the persons or bodies listed in paragraph (3) of the date, time and place at which that post-mortem examination is to be made.
(2) A coroner need not give such notification, where it is impracticable or where to do so would cause the post-mortem examination to be unreasonably delayed.
(3) The persons to be notified are—
(a)
(a) the next of kin or the personal representative of the deceased or any other interested person who has notified the coroner in advance of his or her desire to be represented at the post-mortem examination;
(b)
(b) the deceased’s regular medical practitioner, if he or she has notified the coroner of his or her desire to be represented at the post-mortem examination;
(c)
(c) if the deceased died in hospital, that hospital;
(d)
(d) if the death of the deceased may have been caused by an accident or disease which must be reported to an enforcing authority, to that enforcing authority or the appropriate inspector or representative of that authority;
(e)
(e) a Government department which has notified the coroner of its desire to be represented at the examination; and
(f)
(f) if the chief officer of police has notified the coroner of his or her desire to be represented at the examination, the chief officer of police.
(4) Any of the persons or bodies listed in paragraph (3) are entitled to be represented at a post-mortem examination by a medical practitioner, or if they are a medical practitioner, may attend themselves.
(5) The following persons may attend a post-mortem examination—
(a)
(a) A representative of the chief officer of police from the police force of which he or she is chief officer; and
(b)
(b) any other person including a trainee doctor, medical student or other medical practitioner but only with the consent of the coroner.
Preservation or retention of material from a post-mortem examination
14.—(1) Where a suitable practitioner conducts a post-mortem examination under section 14 and preserves or retains material which in his or her opinion relates to the cause of death or identity of the deceased, he or she must provide the coroner with written notification of that fact.
(2) A suitable practitioner who preserves or retains material under paragraph (1) must provide the coroner with a written notification that—
(a)
(a) identifies the material being preserved or retained; and
(b)
(b) explains why that practitioner is of the opinion set out in paragraph (1).
(3) A written notification under paragraph (2) may—
(a)
(a) specify the period of time for which the suitable practitioner believes the material should be preserved or retained; and
(b)
(b) specify different periods of time in relation to different preserved or retained material.
(4) On receiving a notification under paragraph (1), the coroner must notify the suitable practitioner of the period of time for which he or she requires the material to be preserved or retained for the purposes of fulfilling his or her functions under the 2009 Act.
(5) On making the notification under paragraph (4) the coroner must also notify, where known—
(a)
(a) the next of kin or personal representative of the deceased; and
(b)
(b) any other relative of the deceased who has notified the coroner of his or her desire to be represented at the post-mortem examination,
that material is being preserved or retained, the period or periods for which it is required to be preserved or retained and the options for dealing with the material under paragraph (6) once the period or periods of preservation or retention has or have expired.
(6) The options for dealing with material are—
(a)
(a) disposal of the material by burial, cremation or other lawful disposal by the suitable practitioner;
(b)
(b) return of the material to a person listed in sub-paragraph (a) or (b) of paragraph (5); or
(c)
(c) retention of the material with the consent of a person listed in sub-paragraph (a) or (b) of paragraph (5) for medical research or other purposes in accordance with the Human Tissue Act 20045.
Further provisions relating to preservation or...
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