S.I. No. 196/1970:

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 1970.

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 1970.

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 3 (1) 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, 1970.

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 four pounds and thirteen 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, sixteen shillings for each document, subject to a maximum charge of four pounds and thirteen 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 I of the Schedule to the Circuit Court (Fees) Order, 1966 ( S.I. No. 53 of 1966 )).

(2) The Minister may, in an exceptional case, authorise a coroner to make a charge greater than the maximum chargeable under paragraph (1) (a) 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.

6. The Coroners Act, 1962 (Fees and Expenses) Regulations, 1965 ( S.I. No. 32 of 1965 ), are hereby revoked.

SCHEDULE

Fees

1. Subject to paragraph 2 of this Schedule, the fees payable for post-mortem examinations and special examinations shall be--

(1) for a full post-mortem examination under section 19 (1) or section 33 (1) of the Act, £9 4s.;

(2) for a post-mortem examination under the said sections consisting of an external examination only, £4 13s.;

(3) for a post-mortem examination arranged under section 33 (2) of the Act (not being on a body that has been exhumed), £32 16s.;

(4) for a post-mortem examination arranged under section 33 (2) of the Act on a body that has been exhumed, £49 3s.;

(5) for assisting at a post-mortem examination--

( a ) to a registered medical practitioner, £4 13.;

( b ) to a lay person, £1 9s.;

(6) for a special examination arranged under section 33 (2) of the Act, £2 11s. for each hour or part of an hour taken to conduct the examination.

2. A fee of £18 8s. shall, with effect as from the 1st day of July, 1970, be payable for a post-mortem examination under section 19 (1) or section 33 (1) of the Act to a person who has to travel not less than 15 miles from his home to make the examination.

3. The fees payable to a person who conducted a post-mortem examination arranged under section 33 (2) of the Act for his attendance at the inquest in relation to which he conducted the examination shall, where the inquest is held on a day other than a day of the examination, be--

(1) where the inquest is held within 20 miles from his home--

( a ) for one inquest, £13 16s.,

( b ) for two or more inquests on the same day, £20 14s.;

(2) where he attends two inquests on the same day, one inquest being held within 20 miles from his home and the other 20 miles or more from his home, £27 10s.;

(3) where the inquest is held 20 miles or more from his home--

( a ) for one inquest, £20 14s.,

( b ) for more than one inquest at the same place on the same day, £27 10s.,

( c ) for one inquest in one place and one inquest in another place on the same day, £32 18s.

4. The fees payable to a person who conducted a post-mortem exammation arranged under section 33 (2) of the Act for his attendance at the inquest in relation to which he conducted the examination shall, where the inquest is held on the day of the examination, be--

(1) where the inquest is held within 20 miles from his home, £6 18s.;

(2) where the inquest is held 20 miles or more from his home, £10 7s.

Expenses

5. The expenses payable to a registered medical practitioner (other than a person appointed under section 33 (2) of the Act) for his attendance at an inquest in his professional capacity shall be--

(1) where the inquest is held within five miles from his home, and he is absent from home for--

( a ) not more than two hours, £3 5s.,

( b ) more than two hours but not more than three hours, £4 13s.,

( c ) more than three hours, £6 18s.;

(2) where the inquest is held five miles or more from his home, and he is absent from home for--

( a ) not more than two hours, £4 13s.,

( b ) more than two hours but not more than four hours, £6 3s.,

( c ) more than four hours, £9 4s.;

(3) where he attends more than one inquest on the same day, £2 6s. in respect of each additional inquest attended;

(4) where the inquest is held more than five miles from his home, first class rail fare or a mileage rate of 1s. together with a subsistence allowance at the highest rate applying to a person holding a position in the Civil Service of the State.

6. The expenses payable to a person who conducts a post-mortem examination arranged under section 33 (2) of the Act for his attendance for the examination (and also for his attendance at the inquest, if there is one and it is held on a day other than that on which the examination was conducted) shall be subsistence and travelling expenses at the highest rate applying to a person holding a position in the Civil Service of the State.

7. The expenses payable to a registered medical practitioner (other than a person appointed under section 33 (2) of the Act) for his attendance to perform a post-mortem examination (except where there is an inquest and it is held on the same day as the examination) shall, where the examination is held more than five miles from his home, be first class rail fare or a mileage rate of 1s. together with a subsistence allowance at the highest rate applying to a person holding a position in the Civil Service of the State.

8. The expenses payable to a witness at an inquest (other than a registered medical practitioner attending in his professional capacity) shall be as follows:

(1) Allowance for loss of time:

Allowance payable where the period of necessary absence from employment, business or home is four hours or more, £1 10s.

Half such allowance is payable where the period of necessary absence is less than four hours.

No allowance is payable to school children.

Actual loss of wages or salary, if greater than the amount of the allowance payable under the above provisions, 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:

( a ) Day allowance

For a period of necessary absence (not extending overnight) from home or business of--

( b ) Night allowance

For a period of necessary overnight absence from home or business of up to 24 hours, plus any additional period amounting to less than 5 hours, £2.

An allowance under subparagraph (1) of this paragraph and under this subparagraph shall not be payable in respect of more than one case on the same day.

(3) Travelling expenses:

Hired cars may be used only where public transport is not available or where such transport is not reasonably practicable.

9. The expenses payable in connection with the removal or custody of a body shall be those which, in the opinion of the appropriate local authority, are necessarily and reasonably incurred in such removal or custody in accordance with the direction of a coroner.

GIVEN under my Official Seal, this 25th day of August, 1970.

DESMOND O'MALLEY,

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 the coroner or a county registrar for furnishing copies of inquest documents; and the fees and expenses payable in respect of post-mortem and special examinations, the attendance of witnesses at inquests and the removal or custody of a body.

These regulations replace the Coroners Act, 1962 (Fees and Expenses), Regulations, 1965 ( S.I. No. 32 of 1965 ).