OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends section 4A(8) and section 13 of the Coroners Act 1988 (c.13) (“the 1988 Act”). This is to ensure that the provisions are consistent with the provisions of Part 1 of the Coroners and Justice Act 2009 (c.25) (“the 2009 Act”).

Section 4A(8) of the 1988 Act (as amended by this Order) provides that senior coroners appointed to coroner areas in Wales, are to be treated as if they were appointed for the whole of Wales.

Section 13 of the 1988 Act (as amended by this Order) allows the High Court to order a senior coroner, area coroner or assistant coroner to investigate a death where another coroner (either appointed under the 1988 Act or 2009 Act) refused or neglected to hold an inquest or investigation which ought to be held, or where a previous inquest or investigation was held, but for one of the various reasons set out in section 13(1)(b) it is necessary in the interests of justice to hold an investigation (or as the case may be, another investigation).

The substantive provisions of Part 1 of the 2009 Act, and the repeal of the 1988 Act (with the exception of section 4A(8) and section 13(1) and (2)) will be commenced at the same time as this Order comes into force.