S.I. No. 561/2008 - Coroners Act 1962 (Fees and Expenses) Regulations, 2008

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. 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,

16 December 2008

DERMOT AHERN.

Minister for Justice, Equality and Law Reform.

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 chargeable by the coroner or a country 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, 2007 (

S.I. No. 240 of 2007

).

4. The fee of €7.79 is prescribed for the purpose of subsection (3) and (4) of Section 29 from 1st January, 2008 and a fee of €8.18 is prescribed for the purpose of subsection (3) and (4) of Section 29 from 1st September, 2008.

5. With effect from 1st January, 2008 and 1st September, 2008, the fees and expenses specified in Schedule 1 are prescribed for the purpose of Section 57 of the Act.

6. The

Coroners Act 1962

(Fees and Expenses) Regulations 2007 (

S.I. No. 240 of 2007

) are revoked.

SCHEDULE 1 FEES PAYABLE WITH EFFECT FROM 1st JANUARY, 2008 AND 1st SEPTEMBER, 2008

S.I. No. 561 of 2008

CORONERS ACT 1962 (FEES AND EXPENSES) REGULATIONS, 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th December

, 2008.

I, DERMOT AHERN, 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