STATUTORY INSTRUMENTS.

S.I. No. 416 of 1981.

CORONERS ACT, 1962 (FEES AND EXPENSES) (NO. 2) REGULATIONS, 1981.

S.I. No. 416 of 1981.

CORONERS ACT, 1962 (FEES AND EXPENSES) (NO. 2) REGULATIONS, 1981.

I, JIM MITCHELL, Minister for Justice, in exercise of the powers conferred by section 3(1) and 57 of the Coroners Act, 1962 (No. 9 of 1962) , and the Local Government (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 269 of 1977 ), and after, in relation to the fees and expenses to be prescribed under section 57 of that Act, consultation with the Minister for the Environment, hereby make the following Regulations:

1. These Regulations may be cited as the Coroners Act, 1962 (Fees and Expenses) (No. 2) Regulations, 1981.

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 £12.63 with effect from the 1st day of June, 1981.

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, £2.16 for each document, subject to a maximum charge of £13.02 in respect of all documents furnished relating to one inquest.

(b) in the case of a county registrar, the fee payable in respect of documents supplied by Circuit Court offices (being the fee specified at preface number 8 in Part 1 of the Schedule to the Circuit Court (Fees) Order, 1981 ( S.I. No. 90 of 1981 )).

(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, 1981 ( S.I. No. 201 of 1981 ), are hereby revoked.

SCHEDULE

FEES

1. The fees payable for post-mortem examinations and special examinations shall, with effect from the 1st day of June, 1981, be as follows:

(1) for a full post-mortem examination under section 19(1) or 33(1) of the Act:

(a) where he has to travel less than fifteen miles to make the examination--£33.94,

(b) where he has to travel not less than fifteen miles to make the examination--£49.93.

(2) for a post-mortem examination under section 19(1) or 33(1) consisting of an external examination only:

(a) where he has to travel less than fifteen miles to make the examination--£12.63,

(b) where he has to travel not less than fifteen miles to make the examination--£49.93.

(3) for a post-mortem examination arranged under section 33(2) of the Act (not being on a body that has been exhumed)--£89.03.

(4) for a post-mortem examination arranged under section 33(2) of the Act on a body that has been exhumed--£133.41.

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

(a) to a registered medical practitioner--£12.63,

(b) to a lay person--£6.54.

(6) for a special examination arranged under section 33 (2) of the Act, for each hour or part of an hour taken ot conduct the examination--£6.92.

2. With effect from the 1st day of June, 1981, 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 realtion 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--£37.47,

(b) for two or more inquests on the same day--£56.18,

(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--£74.64.

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

(a) for one inquest--£56.18,

(b) for more than one inquest at the same place on the same day--£74.64,

(c) for one inquest in one place and one inquest in another place on the same day--£89.31.

3. With effect from the 1st day of June, 1981, 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 the day of the examination, be--

(1) where the inquest is held within 20 miles form his home --£18.71,

(2) where the inquest is held 20 miles or more from his home--£28.08

4. The fees 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 with effect from the 1st day of June, 1981, be as follows:

(1) where he is absent from home for--

(a) not more than two hours--£12.35,

(b) more than two hours but not more than three hours --£17.31,

(c) more than three hours but not more than four hours --£24.70,

(d) more than four hours but not more than five hours--£32.30,

(e) more than five hours--£38.30,

(2) where he attends more than one inquest on the same day, in respect of each additional inquest attended--£9.89.

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 or to perform a post-mortem examination (except where there is an inquest and it is held on the same day as the examination) shall be a subsistence allowance at the highest rate applying to a person holding a position in the Civil Service of the State, and first class rail fare where travel by rail is suitable, or the appropriate mileage 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 witness at an inquest (other than a registered medical practitioner attending in his professional capacity) shall, with effect from the 1st day of January, 1981, 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--£5.76,

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 allowance:

(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--£7.68;

Provided that an allowance under subparagraphs (1) and (2) of this paragraph shall not be payable to the same witness in respect of more than one case on the same day.

(3) travelling expenses--

(a) where public transport is used, second class rail or bus fare,

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

8. 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.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

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, 1981 ( S.I. No. 201 of 1981 ).