The Essex (Coroners) Order 1998

Made: 19th February 1998

Laid before Parliament: 27th February 1998

Coming into force: 1st April 1998

The Secretary of State in exercise of the powers conferred on him by sections 17 and 26 of the Local Government Act 1992¹ hereby makes the following Order:

1

• (1) This Order may be cited as the Essex (Coroners) Order 1998 and shall come into force on 1st April 1998.

• (2) In this Order—

• “the 1988 Act” means the Coroners Act 1988²;

• “the 1996 Order” means the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996³.

2

• (1) There shall be a single coroner’s district for the county of Southend-on-Sea (which county comes into existence on 1st April 1998 by virtue of article 6(2) of the 1996 Order) and for so much of the county of Essex as is included in the existing Essex Number 2 Coroner’s District.

• (2) The council of the county of Essex shall be the relevant council for the purposes of the 1988 Act for the coroner’s district constituted by paragraph (1) above.

• (3) The person who, on 31st March 1998, is the coroner for the existing Essex Number 2 Coroner’s District by virtue of having been appointed for or assigned to that district shall be deemed to have been appointed coroner for the coroner’s district constituted by paragraph (1) above by the council of the county of Essex.

• (4) Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for the existing Essex Number 2 Coroner’s District shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above with the approval of the chairman of the council of the county of Essex.

3

• (1) There shall be a single coroner’s district for the county of Thurrock (which county comes into existence on 1st April 1998 by virtue of article 6(3) of the 1996 Order) and for so much of the county of Essex as is included in the existing Essex Number 1 Coroner’s District.

• (2) The council of the county of Essex shall be the relevant council for the purposes of the 1988 Act for the coroner’s district constituted by paragraph (1) above.

• (3) The person who, on 31st March 1998, is the coroner for the existing Essex Number 1 Coroner’s District by virtue of having been appointed for or assigned to that district shall be deemed to have been appointed coroner for the coroner’s district constituted by paragraph (1) above by the council of the county of Essex.

• (4) Any person who, on 31st March 1998, is a deputy or assistant deputy coroner for the existing Essex Number 1 Coroner’s District shall be deemed to have been appointed deputy or, as the case may be, assistant deputy coroner for the coroner’s district constituted by paragraph (1) above with the approval of the chairman of the council of the county of Essex.

4

• (1) Any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for an existing coroner’s district shall be deemed to have been issued, made, given, begun or done by or to the coroner for the relevant new coroner’s district.

• (2) All documents, exhibits, registers and other things in the custody of the coroner for an existing coroner’s district in connection with inquests or post-mortem investigations shall be transferred to the coroner for the relevant new coroner’s district.

• (3) In this article—

• (a) the coroner’s district constituted by article 2(1) above is the relevant new coroner’s district for the existing Essex Number 2 Coroner’s District;

• (b) the coroner’s district constituted by article 3(1) above is the relevant new coroner’s district for the existing Essex Number 1 Coroner’s District; and

• (c) “coroner” includes any deputy or assistant deputy coroner.

Signed

Gareth Williams — Parliamentary Under-Secretary of State — 19th February 1998

Explanatory note

(This note is not part of the Order)

This Order makes provision about coroners in consequence of the provisions of the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 (S.I. 1996/1875) which creates new counties of Southend-on-Sea and Thurrock on 1st April 1998.

Article 2 (1) of this Order combines the county of Southend-on-Sea with part of the county of Essex to form a single coroner’s district. Article 2(2) makes the council of the county of Essex the relevant council for the purposes of the Coroners Act 1988. The relevant council is responsible for the appointment of coroners and has other functions in connection with coroners under that Act. Article 2(3) provides for the person who, on 31st March 1998, holds the office of coroner for the Essex Number 2 Coroner’s District to continue as coroner for the new coroner’s district.

Article 3 of this Order makes similar provision for the county of Thurrock.

Article 4 makes transitional arrangements to ensure continuity as respects the coroners for the new coroners' districts.

Footnotes