Statutory Instrument 1996 No. 656

The Avon (Coroners) Order 1996

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1996 No. 656

LOCAL GOVERNMENT, ENGLAND AND WALES
CORONERS

The Avon (Coroners) Order 1996

The Secretary of State in exercise of the powers conferred on him by sections 17 and 26 of the Local Government Act 1992^[1] hereby makes the following Order:

    1.—(1)  This Order may be cited as the Avon (Coroners) Order 1996 and shall come into force on 1st April 1996.

    (2)  In this Order "the 1988 Act" means the Coroners Act 1988^[2].

    2.—(1)  There shall be a single coroner's district, called the Avon Coroner's District, for the Counties of Bath and North East Somerset, the City of Bristol, North West Somerset and South Gloucestershire (which counties come into existence on 1st April 1996 by virtue of article 6(1) of the Avon (Structural Change) Order 1995^[3]).

    (2)  The Council of the City of Bristol shall be the relevant council within the meaning of section 1(1A) of the 1988 Act^[4] for the coroner's district constituted by paragraph (1) above.

    (3)  The person who, at 31st March 1996, is the coroner for the County of Avon shall be deemed on 1st April 1996 to be appointed coroner for the coroner's district constituted by paragraph (1) above.

    (4)  Any agreement between the person to whom paragraph (3) above applies and Avon County Council (as the relevant council for the purposes of section 1 of the 1988 Act prior to 1st April 1996) as to his salary and pension as a coroner shall be deemed on and after 1st April 1996 to have effect as if originally made between him and the City of Bristol Council.

    (5)  Any person who, at 31st March 1996, is a deputy or assistant deputy coroner for the County of Avon shall be deemed on 1st April 1996 to be appointed deputy or, as the case may be, assistant deputy coroner for the coroner's district constituted by paragraph (1) above.

    3.    On 1st April 1996, all rights and liabilities (including those in connection with legal proceedings) of Avon County Council, in its capacity prior to that date as the relevant council for the purposes of the 1988 Act for coroners in the County of Avon shall be transferred to the City of Bristol Council, in its capacity as the relevant council for those purposes for coroners in the coroner's district constituted by article 2(1) above.

    4.—(1)  On 1st April 1996, any process issued, order made, direction given, inquest begun or other thing done by or to the coroner for the County of Avon shall be deemed to have been issued, made, given, begun or done by or to the coroner for the coroner's district constituted by article 2(1) above.

    (2)  All documents, exhibits, registers and other things in the custody of the coroner for the County of Avon in connection with inquests or post-mortem investigations shall be transferred to the coroner for the coroner's district constituted by article 2(1) above.

    (3)  In this article "coroner" includes any deputy coroner or assistant deputy coroner.

Home Office

Tom Sackville

Parliamentary Under Secretary of State

7th March 1996

This Order makes provision about coroners in consequence of the abolition of the existing County of Avon by article 5(1) of the Avon (Structural Change) Order 1995 on 1st April 1996. On that date the four counties referred to in article 2(1) of this Order replace that county.

Article 2(1) of this Order combines those four new counties to form a single coroner's district. As the County of Avon is not currently divided into coroners' districts, the new district will be coterminous with the existing County. Article 2(2) makes the City of Bristol Council the relevant council within the meaning of section 1 of the Coroners Act 1988 ("the 1988 Act"). 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 1996, holds the office of coroner for the County of Avon to continue as coroner for the new coroner's district.

Article 3 transfers any rights and liabilities of Avon County Council as the relevant council for the purposes of the 1988 Act to the City of Bristol Council. Article 4 makes transitional arrangements to ensure continuity as respects the coroner for the new coroner's district.

[1] 1992 c. 19. back

[2] 1988 c. 13. back

[3] S.I. 1995/493. back

[4] Section 1(1A) was inserted by S.I. 1996/655. back