S.I. No. 196/2005 - Coroners Act, 1962 (Fees and Expenses) Regulations, 2005

1. The expenses payable to a registered medical practitioner (other than a person appointed under section 33(2)) for attendance at an inquest in a 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) an amount equal to a subsistence allowance at the highest rate applying to a person holding a position in the Civil Service of the State, and

(b) first class rail fare, where travel by rail is suitable, or otherwise the appropriate mileage rate applying to a person holding such a position.

2. The expenses payable to a person who performs a post-mortem examination or special examination under section 33 (2) for attendance at -

(a) the examination, and

(b) any inquest to which the examination relates and which is held on a day other than that on which the examination was performed)

shall be an amount equal to subsistence and travelling expenses at the highest rate applying to a person holding a position in the Civil Service of the State.

3 (1) The expenses payable to a witness at an inquest (other than a registered medical practitioner attending in a professional capacity) shall be as follows

(a) allowance for loss of time in respect of self-employed persons

(i) €67.10, where the period of necessary absence from employment, business or home is 4 hours or more;

(ii) €33.56 in any other case;

(b) allowance for loss of time in respect of employed persons shall be the actual loss of wages or salary, on production of a certificate from the employer as to the wages or salary of the witness and the actual sum permanently lost by reason of the attendance;

(c) allowance for loss of time in respect of persons who do not earn an income -

(i) €26.84 where the period of necessary absence from home is 4 hours or more ;

(II) €13.43 in any other case ;

(2) The expenses payable to a witness at an inquest (other than a registered medical practitioner attending in a professional capacity) shall be as follows

(a) subsistence allowance where the attendance involves an overnight stay

(i) €31.45 in respect of bed and breakfast (covering period 6 p.m. to 8 a.m.);

(b) day allowance (covering period from 8 a.m. to 6 p.m.)

(i) €13.44 in respect of a period of not less than 5 hours but not exceeding 10 hours, or

(ii) €20.09 in respect of a period of 10 hours or more,

(c) subsistence allowance where the attendance does not involve an overnight stay;

(i) €13.44 in respect of a period of not less than 5 hours but not exceeding 10 hours, or,

(ii) €20.09 in respect of a period of 10 hours or more (not exceeding an overnight stay),;

(3) The expenses payable to a witness at an inquest (other than a registered medical practitioner attending in a professional capacity) shall be as follows

(a) the cost of public transport, bus or standard class rail fare;

(b) where travelling by own car, 45 cent per mile or 28 cent per kilometre,

(c) where travelling by own motor cycle, 28 cent per mile or 17 cent per kilometre,

(d) where travelling by hired car, all reasonable expenses (in cases where public transport is not available or not reasonably practicable).

3. The fee payable for assisting at a post-mortem examination shall

(i) in the case of a registered medical practitioner, be €41.81,

(ii) in the case of a pathology technician, be €30.62,

(iii) in the case of a lay person, be €21.66;

Part 2

EXPENSES PAYABLE WITH EFFECT FROM 1 JANUARY, 2005

4. 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 concerned, are necessarily and reasonably incurred in such removal or custody in accordance with the direction of a coroner.

GIVEN under my Official Seal,

This 7th day of April, 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

L.S.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

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) Regulations 2000 (

S.I. No. 429 of 2000

).

5. (1) The fees and expenses specified in Schedule 1 are prescribed for the purposes of section 57 of the Act in respect of the period commencing 1st June, 2003 and ending on 31st December, 2004.

(2) With effect from 1st January, 2005, the fees and expenses specified in Schedule 2 are prescribed for the purpose of section 57 of the Act.

6.

The Coroners Act, 1962

(Fees and Expenses) Regulations 2000 (

S.I. No. 429 of 2000

), are revoked.

SCHEDULE 1

FEES PAYABLE IN RESPECT OF PERIOD COMMENCING 1 JUNE, 2003 AND ENDING 31 DECEMBER, 2004

STATUTORY INSTRUMENTS

S.I. No. 196 of 2005

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 2005.

S.I. No. 196 of 2005

CORONERS ACT, 1962 (FEES AND EXPENSES) REGULATIONS, 2005.

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by sections 3 (1), 20 (2), 24(2), 29(3) and (4 and 57 of the

Coroners Act, 1962

(No.

9 of 1962), (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 298 of 1997

) and the Environment and Local Government (Alteration of Name of Department and Title of Minister) Order, 1997 (

S.I. No. 322 of 1997

), and after consultation with the Minister for the Environment, Heritage and Local Government, hereby make the following regulations