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Removal from office of coroner or deputy coroner
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10. (1) The Principal Act is amended by the substitution of the following section for section 15:
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“15. (1) Subject to subsection (5) and section 6A(6E), the Minister may remove a coroner or deputy coroner from office where he or she is satisfied that one or more of the grounds specified in subsection (2) apply to the coroner or deputy coroner.
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(2) The grounds referred to in subsection (1) are that the coroner or deputy coroner, as the case may be—
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(a) has become incapable, through ill-health or otherwise, of effectively performing the functions of his or her office,
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(b) has failed, without reasonable cause, to perform the functions of his or her office for a continuous period of at least 3 months,
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(c) has engaged in serious misconduct,
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(d) has engaged in any conduct that brings the office of coroner or deputy coroner into disrepute, or
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(e) is otherwise unfit to hold office or unable to discharge the functions of the office.
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(3) Where the Minister proposes to remove a coroner or deputy coroner from office under subsection (1), he or she shall, by notice in writing, inform the coroner or deputy coroner concerned of his or her proposal.
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(4) A notice under subsection (3) shall include a statement—
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(a) of the reasons for the proposed removal,
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(b) that the coroner or deputy coroner concerned may make representations to the Minister, in such form and manner as may be specified by the Minister, as to why he or she should not be removed from office and any such representations shall be made before the expiration of—
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(i) a period of 30 working days from the date of the notification, or
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(ii) such other longer period as the Minister may, having regard to the requirements of natural justice, specify in the notice,
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and
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(c) that where no representations are received within the period referred to in paragraph (b)(i) or (ii), as the case may be, the Minister may, without further notice to the coroner or deputy coroner concerned, remove the coroner or deputy coroner, as the case may be, from office.
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(5) In considering whether to remove a coroner or deputy coroner under subsection (1), the Minister shall take into account—
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(a) any representations made by the coroner or deputy coroner concerned under paragraph (b) of subsection (4) within the period referred to in subparagraph (i) or (ii), as the case may be, of that paragraph, and
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(b) any other matter the Minister considers relevant for the purpose of his or her decision.
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(6) Where, having taken into account the matters referred to in subsection (5), the Minister decides not to remove the coroner or deputy coroner, as the case may be, from office, the Minister shall cause notice to be given in writing to the coroner or deputy coroner concerned of the decision.
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(7) Where, having taken into account the matters referred to in subsection (5), the Minister decides that the coroner or deputy coroner, as the case may be, should be removed from office, the Minister shall, by notice in writing to the coroner or deputy coroner concerned, inform him or her of—
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(a) the decision and the reasons for that decision, and
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(b) the date on which the decision takes effect.”.
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(2) Section 15 of the Principal Act as it stands immediately before the coming into operation of the amendment effected by subsection (1) shall continue to apply to the removal of a coroner or deputy coroner where the Minister has—
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(a) before that coming into operation, issued a notice under that section to a coroner or a deputy coroner, as the case may be, and
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(b) on that coming into operation, either—
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(i) not made a decision under that section whether to make an order to remove the coroner or deputy coroner concerned from office, or
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(ii) decided to make an order removing the coroner or deputy coroner but has not yet made the order.
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(3) The amendments effected by subsection (1) shall not affect the validity of an order made—
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(a) under section 15 of the Principal Act prior to the coming into operation of that subsection, or
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(b) under that section, on the application of subsection (2).
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