Coroners Act 1962

14.

F31[Qualification for appointment as coroner or deputy coroner.

14. (1) A person shall not be appointed to be a coroner or a deputy coroner under this Act F32[, or a temporary coroner under section 11B(1)(b),] unless he or she is

(a) a barrister who has practised as a barrister for not less than 5 years,

(b) a solicitor who has practised as a solicitor for not less than 5 years, or

(c) a registered medical practitioner who has practised as a medical practitioner for not less than 5 years.

(2) For the purposes of subsection (1), in reckoning the period of time a person has practised as a barrister, any period during which that person practised as a solicitor shall be taken into account.

(3) For the purposes of subsection (1), in reckoning the period of time that a person has practised as a solicitor, any period during which that person practised as a barrister shall be taken into account.

(4) For the purposes of subsection (1), where a person who is a solicitor or a barrister has served in a position

(a) as an officer in the civil service of the State,

(b) as an officer in the civil service of the Government, or

(c) as a member of the staff or as an officer of a body established by or under statute,

and it was a condition of eligibility for appointment to such position that the person be enrolled as a solicitor in the State or have been called to the Bar of Ireland, service in such position shall be reckoned as practice as a solicitor or barrister, as the case may be.

(5) Where a person has been appointed as a coroner or deputy coroner, the fact that such person ceases to practice as a barrister, solicitor or registered medical practitioner shall not affect the entitlement of that person to continue in office as a coroner or deputy coroner.

(6) Subsection (5) does not apply where the person concerned ceased to practice by reason of

(a) in the case of a barrister, having being disbarred,

(b) in the case of a solicitor, having been struck off the roll of solicitors, or

(c) in the case of a medical practitioner, his or her registration in the Register of Medical Practitioners having been cancelled or suspended under the Medical Practitioners Act 2007,

otherwise than at the request of the person concerned.

(7) For the purposes of determining eligibility for appointment as a judge of any court established by the Courts (Establishment and Constitution) Act 1961

(a) in the case of a person who, is a barrister who, but for this subsection would not be considered to be in practice as a barrister as respects a particular period, service as a coroner for that period shall be reckoned as practice as a barrister,

(b) in the case of a person who is a solicitor who, but for this subsection, would not be considered to be in practice as a solicitor as respects a particular period, service as a coroner for that period shall be reckoned as practice as a solicitor.

(8) Subsection (7) shall not apply where

(a) in the case of a barrister, that person has been disbarred,

(b) in the case of a solicitor, that person has been struck off the roll of solicitors,

otherwise than at the request of the person concerned. ]

Annotations

Amendments:

F31

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

F32

Inserted (21.08.2020) by Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), s. 9, S.I. No. 306 of 2020.

Modifications (not altering text):

C7

Term “registered medical practitioner” construed (3.07.2008) by Medical Practitioners Act 2007 (25/2007), s. 108(1), S.I. No. 231 of 2008.

Construction of references to registered medical practitioner and Medical Council, etc

108.—(1) Every reference to a registered medical practitioner contained in any enactment or any statutory instrument shall be construed as a reference to a registered medical practitioner within the meaning of section 2.

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