S.I. No. 92/1962:

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 1962.

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 1962.

I, CHARLES J. HAUGHEY, Minister for Justice, in exercise of the powers conferred on me by subsection (1) of section 3 of the Coroners Act, 1962 (No. 9 of 1962), after, in relation to the fees and expenses to be prescribed under section 57 of that Act, consultation with the Minister for Local Government, hereby make the following regulations :

1. These Regulations may be cited as the Coroners Act, 1962 (Fees and Expenses) Regulations, 1962.

2. In these Regulations " the Act " means the Coroners Act, 1962 (No. 9 of 1962).

3. The fee to be paid to a coroner who holds an inquest by virtue of section 20 of the Act or to a coroner, other than the coroner who would ordinarily hold the inquest, who holds an inquest by virtue of section 24 of the Act shall be three pounds and three shillings.

4.--(1) The fee chargeable by a coroner or a county registrar for furnishing a copy of any document to an applicant under section 29 of the Act shall be--

(a) in the case of a coroner, ten shillings and six pence for each document, subject to a maximum charge of three pounds and three shillings in respect of all documents furnished relating to any one inquest ; and

(b) in the case of a county registrar, the fee payable in respect of documents supplied by Circuit Court Offices (referred to at No. 8 of Part 1 of the Schedule to the Circuit Court (Fees) Order, 1956 ( S.I. No. 249 of 1956 ).

(2) The Minister may, in an exceptional case, authorise a coroner to make a maximum charge greater than that chargeable under sub-paragraph (a) of pargaraph (1) of this Regulation.

5. The fees and expenses to be prescribed under section 57 of the Act in respect of post-mortem and special examinations, the attendance of witnesses at inquests and the removal or custody of a body shall be those specified in the Schedule to these Regulations.

SCHEDULE

A

Fees for post-mortem examinations and special examination.

1. For full post-mortem examination under section 19 (1) or section 33 (1) of the Act, £6 6s.

2. For post-mortem examination under those sections consisting of external examination only, £3 3s.

3. For post-mortem examination arranged under section 33 (2) of the Act, £21.

4. For assisting at post-mortem examination--

(i) registered medical practitioner, £3 3s.

(ii) lay person, £1.

5. For special examination arranged under section 33 (2) of the Act, £1 15s. for each hour or part of an hour taken to conduct the examination.

B

(a) Expenses of registered medical practitioners for attendance at inquests (other than a person appointed under section 33 (2) of the Act).

1. Where the inquest is held in the practitioner's home town and he is absent from home for--

(1) not more than two hours, £1 11s. 6d.,

(2) more than two hours but not more than three hours, £2 2s.,

(3) more than three hours, £3 3s.

2. Where the inquest is held outside his home town and he is absent from home for--

(1) not more than two hours, £2 2s.

(2) more than two hours but not more than three hours, £2 12s. 6d.,

(3) more than three hours but not more than four hours, £3 3s.,

(4) more than four hours, £4 4s.

Where a practitioner attends more than one inquest on the same day, in addition to the appropriate amount specified in paragraph 1 or 2, £1 1s. shall be allowed in respect of each additional inquest attended.

(b) Expenses of person appointed under section 33 (2) of the Act.

In the case of a person who conducted a post-mortem examination arranged under section 33 (2) of the Act and who attends the inquest in relation to which such examination was arranged, where the inquest is held on a day other than the day on which such examination was conducted, subsistence and travelling expenses at the highest rate applying to a person holding a position in the Civil Service of the State.

C

Expenses of witnesses (other than registered medical practitioners).

1. Allowance for loss of time.

Allowance payable where the period of necessary absence from employment or business (or from home in the case of category (iii) is 4 hours or more :

Half the allowance as above is payable where the period of necessary absence is less than 4 hours.

Actual loss of wages or salary, if greater than the amount of allowance payable as above, may be recouped in lieu thereof on production of a certificate from the employer as to the witness's wages or salary and the actual sum he has permanently lost by reason of attendance.

2. Subsistence allowances.

(i) Day allowance (6 a.m.--8 p.m.)

Where period of necessary absence from home or employment or business is 5 hours or more, 8s. 6d.

Where period of necessary absence from home or employment or business is 2 hours or more but less than 5 hours, 5s.

Where period of necessary absence from home or employment or business is less than 2 hours, Nil.

(ii) Night allowance (8 p.m.--6 a.m.), d1 7s. 6d.

The night allowance is payable only in respect of unavoidable overnight absence from usual place of residence.

3. Travelling expenses.

Third class rail fare or bus fare. Payment may, however, be made at whichever of the following rates is applicable in respect of any part of the journey where public transport was not reasonably practicable--

An allowance will not be payable in respect of more than one case on the same day.

D

Expenses in connection with removal or custody of a body.

All expenses which, in the opinion of the appropriate local authority, are necessarily and reasonably incurred in the removal or custody of a body in accordance with the direction of a coroner.

GIVEN under my Official Seal, this 31st day of May, 1962.

CHARLES J. HAUGHEY,

Minister for Justice.

EXPLANATORY NOTE.

These regulations prescribe various fees and expenses for the purposes of the Coroners Act, 1962 , viz. the fee to be paid to a coroner who holds an inquest outside his own district ; the fee chargeable by a coroner or a county registrar for furnishing copies of inquest documents; and the fees and expenses payable in resepct of post-mortem and special examinations, the attendance of witnesses at inquests and the removal or custody of a body.