Coroners Act 1962

Deputy coroners.

13

13.(1) F22[Subject to subsection (1A), every coroner] shall appoint a person approved of for the purpose by the local authority by which the coroner was appointed F23[, or by the Minister in the case of a coroner for the coroners district of Dublin,] to be his deputy and the deputy shall be known, and is in this Act referred to, as a deputy coroner.

F24[(1A) A person shall not be appointed as a deputy coroner, without the prior approval of the Minister, for a coroner district other than the coroners district of Dublin (in which latter case the approval of the Minister is given under subsection (1)).]

(2) A coroner may at any time revoke an appointment made by him under this section, but the revocation shall not have effect unless and until he makes a new appointment of a deputy coroner.

(3) A deputy coroner may act for the coroner by whom he was appointed during the illness or absence of the coroner and may also act for the coroner at any inquest which the coroner is disqualified under this Act for holding unless he is himself disqualified under this Act for holding the inquest.

(4) Whenever the office of coroner for a coroner's district is vacant, the following provisions shall have effect:

(a) the person (if any) who was the deputy coroner for that district immediately before the occurrence of the vacancy shall, unless he sooner dies, resigns or is removed from office, continue in office as deputy coroner for that district until the termination of the vacancy;

(b) during the continuance of the vacancy, the deputy coroner for that district shall have all the powers and duties of the coroner for that district F25[and, except in the case of the coroners district of Dublin, shall be paid by the local authority] in whose area the district is situate the same salary as would have been payable by such local authority to the coroner for that district if he had continued in office.

(5) (a) Where a coroner is absent from his duties with the permission of the Minister, the Minister may authorise the deputy coroner for the district of that coroner to perform all the duties of that coroner's office and, while the authorisation is in force, the deputy coroner shall, F26[for the purposes of this Act except sections 6A(5) (insofar as it relates to the office of coroner) and 9], be deemed to be the coroner for that district.

(b) The Minister may revoke an authorisation given under this subsection.

(6) A deputy coroner shall, while acting as coroner in the place of the coroner by whom he was appointed, have all the duties and powers of a coroner.

(7) A deputy coroner shall have his ordinary residence in the coroner's district for which he is deputy coroner.

(8) Where a deputy coroner has the permission of the Minister (which permission may at any time be withdrawn by the Minister) to have his ordinary residence at a particular place outside that coroner's district, he shall be deemed to be fulfilling the requirement of subsection (7) of this section so long as he has his ordinary residence at that place.

F27[(9) Every deputy coroner appointed after the commencement of section 7 of the Coroners (Amendment) Act 2019 shall, unless he or she sooner dies, resigns or is removed from office or his or her appointment as deputy coroner is revoked under subsection (2), hold office until he or she attains the age of 72 years.]

F28[(10) Where a deputy coroner intends to resign or before vacating office on attaining the age of 72 years, he or she shall give notice of not less than 3 months of such intention to resign or vacation of office to the coroner for the coroners district concerned and to the Minister.]

Annotations

Amendments:

F22

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 32(f)(i), commenced on enactment.

F23

Inserted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 7(a), S.I. No. 448 of 2019.

F24

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 7(b), S.I. No. 448 of 2019.

F25

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 7(c), S.I. No. 448 of 2019.

F26

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 7(d), S.I. No. 448 of 2019.

F27

Substituted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 7(e), S.I. No. 448 of 2019.

F28

Inserted (16.09.2019) by Coroners (Amendment) Act 2019 (29/2019), s. 7(e), S.I. No. 448 of 2019.

Editorial Notes:

E44

Previous affecting provision: subs. (1A) inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 32(f)(ii), commenced on enactment; substituted as per F-note above.

E45

Previous affecting provision: subs. (9) inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 32(f)(iii), commenced on enactment; substituted as per F-note above.