S.I. No. 561/2008 - Coroners Act 1962 (Fees and Expenses) Regulations, 2008
CORONERS ACT 1962 (FEES AND EXPENSES) REGULATIONS, 2008 | ||
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 30th 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: | ||
1. These Regulations may be cited as the Coroners Act, 1962 (Fees and Expenses) Regulations, 2008. | ||
2. (1) In these Regulations “Act” means the Coroners Act, 1962 (No. 9 of 1962), as amended. | ||
(2) A reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations. | ||
3. The fee to be paid to a coroner who holds an inquest by virtue of section 20 or 24 of the Act shall be such sum as may be agreed from time to time between the Minister and the Coroners Association. | ||
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 | ||
1. The fee payable to a person for performing a post-mortem examination or a special examination, including preparatory work, any tests required and subsequent report to the Coroner shall be €332.52 from 1st January, 2008 and €349.35 from 1st September, 2008. | ||
2. The fee payable to a person for performing a post-mortem examination or a special examination, including preparatory work, any tests required, subsequent report to the Coroner and attendance at the Inquest shall be €554.20 from 1st January, 2008 and €582.26 from 1st September, 2008. | ||
3. The fee payable for assisting at a post-mortem examination shall: | ||
(i) in the case of a registered medical practitioner, be €46.34 from 1st January, 2008 and €48.69 from 1st September, 2008, | ||
(ii) in the case of a pathology technician, be €33.94 from 1st January, 2008 and €35.66 from 1st September, 2008, | ||
(iii) in the case of a lay person, be €24.01 from 1st January, 2008 and €25.23 from 1st September, 2008, | ||
(iv) for special laboratory examinations (including histological, micro-biological, toxicological and bio chemistry tests), in respect of each hour or part hour €24.83 from 1st January, 2008 and €26.09 from 1st September, 2008. | ||
PART 2 EXPENSES — PAYABLE WITH EFFECT FROM 1st JANUARY, 2008 AND 1st SEPTEMBER 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. (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) €74.37 from 1st January, 2008 and €78.13 from 1st September, 2008 where the period of necessary absence from employment, business or home is 4 hours or more; | ||
(ii) €37.20 from 1st January, 2008 and €39.08 from 1st September, 2008 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) €29.75 from 1st January, 2008 and €31.26 from 1st September, 2008 where the period of necessary absence from home is 4 hours or more; | ||
(ii) €14.88 from 1st January, 2008 and €15.63 from 1st September, 2008 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) €34.85 from 1st January, 2008 and €36.61 from 1st September, 2008 in respect of bed and breakfast (covering period 6pm to 8am); | ||
(b) day allowance (covering period from 8am to 6pm) | ||
(i) €14.89 from 1st January, 2008 and €15.64 from 1st September, 2008 in respect of a period of not less than 5 hours but not exceeding 10 hours, or | ||
(ii) €22.27 from 1st January, 2008 and €23.40 from 1st September, 2008 in respect of a period of 10 hours or more; | ||
(c) subsistence allowance where the attendance does not involve an overnight stay; | ||
(i) €14.89 from 1st January, 2008 and €15.64 from 1st September, 2008 in respect of a period of not less than 5 hours but not exceeding 10 hours, or | ||
(ii) €22.27 from 1st January, 2008 and €23.40 from 1st September, 2008 in respect of a period of 10 hours or more (not exceeding 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, €0.32 cent from 1st January, 2008 and €0.34 cent from 1st September, 2008 per kilometre, | ||
(c) where travelling by own motor cycle, €0.19 cent from 1st January, 2008 and €0.20 cent from 1st September, 2008 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 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. | ||
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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 ). |
