33D.—(1) Where, under section 33, 33A or 33C, a coroner directs that a post-mortem examination of the body of a deceased person be made, the coroner may direct—

(a) a person in charge of a hospital, or other health institution, in which the deceased person received treatment immediately before his or her death,

(b) a medical practitioner, nurse or midwife who has possession or control of medical records relating to the deceased, or

(c) a paramedic or advanced paramedic registered with the Pre-Hospital Emergency Care Council under the Pre-Hospital Emergency Care Council (Establishment) Order 2000 (S.I. No. 109 of 2000) who has possession or control of medical records relating to the deceased,

to give to the registered medical practitioner making the examination, within such period as may be specified in the direction, such medical records relating to the deceased person as are, in the opinion of the coroner, necessary to enable a proper examination of the body to be made.

(2) Subject to subsection (3), a person to whom a direction is given by a coroner under subsection (1) shall comply with the direction forthwith.

(3) A person to whom a direction is given by a coroner under subsection (1) may refuse to comply with the direction in relation to a medical record only if he or she would be entitled, by virtue of section 38(3), as a witness at an inquest to refuse to comply with a direction of the coroner to produce the record at the inquest.

(4) A direction given by a coroner under subsection (1) shall be given in writing or, if given orally, it shall be confirmed in writing as soon as practicable.

(5) The validity of a direction given by a coroner under subsection (1) shall not be limited to the coroner’s district in respect of which he or she holds the office of coroner.

(6) Where a person to whom a direction is given by a coroner under subsection (1) fails or refuses to comply with the direction, other than in circumstances to which subsection (3) applies, the High Court may, on application to it in that behalf by the coroner—

(a) order the person to comply with the direction immediately or within such period as the Court may determine and specify in the order, and

(b) make such other order, if any, as it considers necessary to enable the order made under paragraph (a) to have effect and such order as to costs, if any, as it considers just.

(7) An application under subsection (6) may, if the High Court so directs, be heard otherwise than in public.

(8) In determining an application under subsection (6), the High Court shall have regard to—

(a) the public interest in the medical record concerned being given for the purposes of the post-mortem examination of the body of the deceased person concerned,

(b) the likely importance of the information contained in the medical record concerned for the purposes of that examination, and

(c) the likely impact on the effectiveness of that examination if the medical record concerned is not given, or there is a delay in its being given, for the purposes of that examination.

(9) A registered medical practitioner to whom medical records are given pursuant to a direction of a coroner under subsection (1), or an order of the High Court under subsection (6), shall return those records to the hospital or other health institution or the medical practitioner, nurse, midwife, paramedic or advanced paramedic, as the case may be, from whom they were received, as soon as practicable after the post-mortem examination of the body of the deceased person concerned has been made or, as may be appropriate, an inquest in relation to the death of that person has been held.

(10) Rules of court may make provision for the expeditious hearing of applications to the High Court under subsection (6).]