Coroners Act 1962

Provisions where coroner and deputy coroner are prevented from holding inquest.

20

20.—(1) Whenever an inquest cannot be held save by virtue of this section on account of—

(a) the coroner for the relevant district being absent, ill, incapacitated or disqualified under this Act for holding the inquest or there being a vacancy in the office of coroner for the district, and

(b) the deputy coroner for the district being at the same time absent, ill, incapacitated or disqualified under this Act for holding the inquest,

F43[any member of the Garda Síochána not below the rank of inspector, or a designated officer of the Ombudsman Commission where there is a relevant Ombudsman Commission investigation concerning the death of the person in relation to whose death an inquest is to be held, may request the Minister to direct any other coroner to hold the inquest and the Minister may, if he or she so thinks proper, so direct another coroner], and thereupon such coroner shall hold the inquest accordingly and for that purpose shall be deemed to be the coroner for the first-mentioned district.

(2) Whenever an inquest is held by virtue of this section, the local authority liable to pay the salary of the coroner who would ordinarily hold the inquest F44[, or the Minister if that coroner is a coroner for the coroner’s district of Dublin,] shall pay the coroner who holds the inquest such fee as may be prescribed together with F45[such sum to cover his or her travelling and other expenses as shall be agreed upon between him or her and the local authority, or the Minister, in the case of a coroner for the coroner’s district of Dublin].

Annotations

Amendments:

F43

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 14(a), S.I. No. 448 of 2019.

F44

Inserted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 14(b)(i), S.I. No. 448 of 2019.

F45

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 14(b)(ii), S.I. No. 448 of 2019.

Editorial Notes:

E51

Power pursuant to subs. (2) exercised (29.04.2009) by Coroners Act 1962 (Fees and Expenses) Regulations 2009 (S.I. No. 155 of 2009).

E52

Previous affecting provision: power pursuant to subs. (2) exercised (16.12.2008) by Coroners Act 1962 (Fees and Expenses) Regulations 2008 (S.I. No. 561 of 2008); revoked (29.04.2009) by Coroners Act 1962 (Fees and Expenses) Regulations 2009 (S.I. No. 155 of 2009), reg. 6.

E53

Previous affecting provision: power pursuant to subs. (2) exercised (18.05.2007) by Coroners Act 1962 (Fees and Expenses) Regulations 2007 (S.I. No. 240 of 2007); revoked (16.12.2008) by Coroners Act 1962 (Fees and Expenses) Regulations 2008 (S.I. No. 561 of 2008), reg. 6.

E54

Previous affecting provision: power pursuant to subs. (2) exercised (3.03.2006) by Coroners Act 1962 (Fees and Expenses) Regulations 2006 (S.I. No. 122 of 2006); revoked (18.05.2007) by Coroners Act 1962 (Fees and Expenses) Regulations 2007 (S.I. No. 240 of 2007), reg. 6.

E55

Previous affecting provision: power pursuant to subs. (1) exercised (7.04.2005) by Coroners Act, 1962 (Fees and Expenses) Regulations 2005 (S.I. No. 196 of 2005); revoked (3.03.2006) by Coroners Act, 1962 (Fees and Expenses) Regulations 2006 (S.I. No. 122 of 2006), reg. 6.