S.I. No. 337/1977 - Coroners Act, 1962 (Fees and Expenses) Regulations, 1977.

S.I. No. 337 of 1977.

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 1977.

I, GERARD COLLINS, 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 the Environment, hereby make the following Regulations :

1. These Regulations may be cited as the Coroners Act, 1962 (Fees and Expenses) Regulations, 1977.

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—

( a ) Eight pounds twenty-three pence, with effect from the 1st day of August, 1976,

( b ) Eight pounds thirty-four pence, with effect from the 1st day of April, 1977.

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 ) (i) in the case of a coroner, one pound forty-one pence for each document, subject to a maximum charge of eight pounds forty-nine pence in respect of all documents furnished relating to one inquest, with effect from the 1st day of August, 1976;

(ii) one pound forty-three pence for each document, subject to a maximum charge of eight pounds sixty pence in respect of all documents furnished in relation to one inquest with effect from the lst day of April, 1977;

( 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, 1970 ( S.I. No. 237 of 1970 )).

(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) (No. 2) Regulations, 1976 ( S.I. No. 199 of 1976 ), 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—

( a ) £22.13, with effect from the 1st day of August, 1976;

( b ) £22.42, with effect from the 1st day of April, 1977;

(2) for a post-mortem examination under the said sections consisting of an external examination only—

( a ) £8.23, with effect from the 1st day of August, 1976;

( b ) £8.34, with effect from the 1st day of April, 1977;

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

( a ) £58.06, with effect from the 1st day of August, 1976;

( b ) £58.81, with effect from the 1st day of April, 1977;

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

( a ) £87.00, with effect from the 1st day of August, 1976;

( b ) £88.13, with effect from the 1st day of April, 1977;

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

( a ) to a registered medical practitioner—

(i) £8.23, with effect from the 1st day of August, 1976;

(ii) £8.34, with effect from the 1st day of April, 1977;

( b ) to a lay person—

(i) £4.27, with effect from the 1st day of August, 1976;

(ii) £4.33, with effect from the 1st day of April, 1977;

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

( a ) £4.51, with effect from the 1st day of August, 1976;

( b ) £4.57, with effect from the 1st day of April, 1977;

2. A fee of—

( a ) £32.57, with effect from the 1st day of August, 1976;

( b ) £32.99, with effect from the 1st day of April, 1977;

shall 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—

(i) £24.43, with effect from the 1st day of August, 1976;

(ii) £24.75, with effect from the 1st day of April, 1977;

( b ) for two or more inquests on the same day—

(i) £36.63, with effect from the 1st day of August, 1976;

(ii) £37.11, with effect from the 1st day of April, 1977;

(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—

( a ) £48.68, with effect from the 1st day of August, 1976;

( b ) £49.31, with effect from the 1st day of April, 1977;

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

( a ) for one inquest—

(i) £36.63, with effect from the 1st day of August, 1976;

(ii) £37.11, with effect from the 1st day of April, 1977;

( b ) for more than one inquest at the same place on the same day—

(i) £48.68, with effect from the 1st day of August, 1976;

(ii) £49.31, with effect from the 1st day of April, 1977;

( c ) for one inquest in one place and one inquest in another place on the same day—

(i) £58.24, with effect from the 1st day of August, 1976;

(ii) £59.00, with effect from the 1st day of April, 1977.

4. 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 from his home—

( a ) £12.21, with effect from the 1st day of August, 1976;

( b ) £12.37, with effect from the 1st day of April, 1977;

(2) where the inquest is held 20 miles or more from his home—

( a ) £18.32, with effect from the 1st day of August, 1976;

( b ) £18.56, with effect from the 1st day of April, 1977;

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 he is absent from home for—

( a ) not more than two hours—

(i) £8.06, with effect from the 1st day of August, 1976;

(ii) £8.16, with effect from the 1st day of April, 1977;

( b ) more than two hours but not more than three hours—

(i) £11.29, with effect from the 1st day of August, 1976;

(ii) £11.44, with effect from the 1st day of April, 1977;

( c ) more than three hours but not more than four hours—

(i) £16.11, with effect from the 1st day of August, 1976;

(ii) £16.32, with effect from the 1st day of April, 1977;

( d ) more than four hours but not more than five hours—

(i) £20.96, with effect from the 1st day of August, 1976;

(ii) £21.23, with effect from the 1st day of April, 1977;

( e ) more than five hours—

(i) £24.98, with effect from the 1st day of August, 1976;

(ii) £25.30, with effect from the 1st day of April, 1977;

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

( a ) £6.45, with effect from the 1st day of August, 1976;

( b ) £6.53, with effect from the 1st day of April, 1977.

6. 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.

7. 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.

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— £1.50.

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 — £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—

( 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.

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 4th day of November, 1977.

GERARD COLLINS,

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 (No. 2) Regulations, 1976 ( S.I. No. 199 of 1976 ).