Explanatory note

These Rules amend the Coroners Rules 1984 (“the 1984 Rules”) to make more specific provision about the preservation of material removed from bodies during examinations carried out on behalf of the coroner.

Rule 2 inserts a reference to a partner in the definition of “relative” for the purposes of the 1984 Rules.

Rules 3 and 4 substitute for rules 9 and 12 of the 1984 Rules new rules 9, 9A, 12 and 12A. The effect of these new provisions is that where a pathologist or other person retains material following a post-mortem or special examination, he is required to tell the coroner that he has done so and the coroner must specify the period for which the material must be preserved. There is provision for the coroner to change that period should it be necessary, but it cannot extend beyond the date on which the coroner’s functions cease. The coroner is also required to notify certain persons of the period for which the material is to be preserved, and the options for dealing with the material when that period expires. Once the date for preserving the material has passed the person preserving it must record what he has done with it.

Rule 5 amends rule 20 of the 1984 Rules, which sets out who is entitled to examine witnesses at an inquest, by adding a partner of the deceased to the list of qualifying people. One effect of this amendment is that a partner is one of the persons who is entitled to be notified that material is being preserved and of the options for dealing with the material on the expiry of the retention period.

Rule 6 adds the new notifications required to be made under rules 9, 9A, 12 and 12A to the list of material which is available for inspection by properly interested parties under rule 57 of the 1984 Rules.

Rule 7 amends the post-mortem report form so that when reporting the outcome of a post-mortem examination the pathologist is required to say whether any organs or tissue were removed and retained and, if so, who retains them and for how long.