Coroners Act 1988

Expenses and returns of inquestsE+W

24 Fees and allowances payable on holding inquest.E+W

(1)The fees and allowances which may be lawfully paid by coroners—

(a)to witnesses and persons summoned to attend as witnesses; and

(b)to medical practitioners making post-mortem examinations by the coroner’s direction or at the coroner’s request,

shall be such as may be determined by the Secretary of State with the consent of the Treasury; but nothing in this subsection shall apply in relation to the fees payable in respect of a special examination under section 20 above.

(2)A relevant council—

(a)may from time to time make a schedule of the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies;

(b)may at any time vary a schedule so made; and

(c)shall cause a copy of every schedule so made or so varied to be sent to every coroner concerned.

(3)The Secretary of State may by rules made by statutory instrument prescribe—

(a)the fees payable to coroners or other persons for furnishing copies of inquisitions, depositions or other documents in their custody relating to an inquest; and

(b)where in the opinion of the Secretary of State adequate provision is not made for them by a schedule under subsection (2) above, the fees, allowances and disbursements which may be lawfully paid or made by a coroner in the course of his duties, other than fees and allowances to which subsection (1) above applies.

25 Payments to jurors.E+W

(1)A person who serves as a juror in a coroner’s court shall be entitled, in respect of his attendance at court for the purpose of performing jury service, to receive payments, at the rates determined by the Secretary of State with the consent of the Treasury and subject to any prescribed conditions, by way of allowance—

(a)for travelling and subsistence; and

(b)for financial loss where in consequence of his attendance for that purpose—

(i)he has incurred any expenditure (otherwise than on travelling and subsistence) to which he would not otherwise be subject; or

(ii)he has suffered any loss of earnings which he would otherwise have made or any loss of benefit under the enactments relating to national insurance and social security which he would otherwise have received.

(2)The amount due to any person in respect of such service shall be ascertained and paid over to him by the coroner.

(3)For the purposes of this section a person who, in obedience to a summons to serve on a jury, attends for service as a juror shall be deemed to serve as a juror notwithstanding that he is not subsequently sworn.

(4)In this section “prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State with the consent of the Treasury.

26 Payment of expenses by coroner.E+W

(1)A coroner holding an inquest shall, immediately after the termination of the proceedings, pay—

(a)the fees of every medical witness;

(b)the allowance of every juror; and

(c)all expenses reasonably incurred in and about the holding of the inquest,

not exceeding the fees, allowances and disbursements which may be lawfully paid or made under this Act.

(2)Any fees, allowances or disbursements so paid or made shall be repaid to the coroner in manner provided by this Act.

27 Accounts to be laid before relevant council.E+W

(1)Every coroner shall within four months after paying or making any fees, allowances or disbursements in accordance with the provisions of this Act, cause a full and true account of all fees, allowances and disbursements so paid or made by him under this Act to be laid before the relevant council.

(2)Every account under this section shall be accompanied by such vouchers as under the circumstances may to the relevant council seem reasonable; and the relevant council may, if they think fit, examine the coroner on oath as to any such account.

(3)On being satisfied of the correctness of any such account, the relevant council shall order their treasurer to pay to the coroner the sum due; and the treasurer shall without any abatement or deduction pay that sum—

(a)in the case of a metropolitan district or London borough council, out of the general . . . F1fund;

[F2(aa)in the case of a non-metropolitan district council, out of the general fund]

(b)in the case of a non-metropolitan county council [F3in England], out of the county fund;

[F4(bb)in the case of the council of a Welsh principal area, out of the council fund;] and

(c)in the case of the Common Council, out of the [F5city fund],

and shall be allowed that sum on passing his accounts.

(4)In the case of a coroner for a coroner’s [F6district—

(a)consisting of two or more metropolitan districts [F7, special non-metropolitan districts] or London boroughs, or

(b)which lies partly in each of two or more Welsh principal areas, [F8or

(c)which lies partly in each of two or more non-metropolitan counties in England,]

the expenses of the councils of those districts, boroughs [F9areas or counties]] in respect of the coroner’s service shall be apportioned between those councils in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State.

[F1027A Indemnity.E+W

(1)A coroner shall be indemnified by the relevant council (without having to lay before them an account under section 27 above) in respect of—

(a)any costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted in the exercise (or purported exercise) of his duty as a coroner;

(b)any costs which he reasonably incurs in taking steps to dispute any claim which might be made in such proceedings;

(c)any damages awarded against him or costs ordered to be paid by him in any such proceedings; and

(d)any sums payable by him in connection with a reasonable settlement of any such proceedings or claim.

(2)Subsection (1) above applies in relation to proceedings by a coroner only if and to the extent that the relevant council agrees in advance to indemnify him.

(3)A coroner may appeal to the Secretary of State, or to any person appointed by the Secretary of State for the purpose, from any decision of the relevant council under subsection (2) above.

(4)Any amount due to a coroner under this section shall be paid—

(a)in the case of a metropolitan or non-metropolitan district council or London borough council, out of the general fund;

(b)in the case of a non-metropolitan county council in England, out of the county fund;

(c)in the case of the council of a Welsh principal area, out of the council fund; and

(d)in the case of the Common Council, out of the City fund.

(5)In the case of a coroner for a coroner’s district which—

(a)consists of two or more metropolitan districts, special non-metropolitan districts or London boroughs;

(b)lies partly in each of two or more Welsh principal areas; or

(c)lies partly in each of two or more non-metropolitan counties in England,

any amount due to the coroner under this section shall be apportioned between the councils of those districts, boroughs, areas or counties in such manner as they may agree or, in default of agreement, as may be determined by the Secretary of State.]

28 Annual returns to be made to Secretary of State.E+W

(1)Every coroner shall on or before 1st February in every year furnish to the Secretary of State a return in writing, in such form and containing such particulars as the Secretary of State may direct, of all cases in which an inquest has been held by him, or by some other person acting for him, during the year ending on the immediately preceding 31st December.

(2)Every coroner shall also, as and when required by the Secretary of State, furnish to the Secretary of State returns in relation to inquests held and deaths inquired into by him in such form and containing such particulars as the Secretary of State may direct.