No. 50/1947:

CORONERS (AMENDMENT) ACT, 1947

ARRANGEMENT OF SECTIONS

1 The Minister.

2 Salary of office of coroner.

3 Amalgamation of districts.

4 Review of salaries.

5 Restriction on approvals, etc.

6 Saver for existing salaries.

7 Repeals.

8 Short title and collective citation.

SCHEDULE

AN ACT TO AMEND THE LAW RELATING TO CORONERS.

[29th December, 1947.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act, the expression "the Minister" means the Minister for Justice.

2.—The salary of the office of coroner shall be such as may be fixed from time to time, subject to the approval of the Minister, by the local authority who pay the salary or, where that authority fail so to fix the salary, such salary as may be fixed by the Minister.

3.—(1) Upon the death or resignation of a coroner, the local authority by whom he was appointed, in lieu of appointing a successor, may, and if required by the Minister shall, submit to the Minister a scheme for the amalgamation of his district or part of his district with the district or districts of any other coroner or coroners appointed by that local authority.

(2) A scheme under this section, if approved of by the Minister after consultation with the Minister for Local Government, shall come into force on such date as the Minister determines.

4.—(1) Within six months after a scheme under section 3 of this Act has come into force, the salary of a coroner whose district has been enlarged under the scheme shall be reviewed by the local authority who pay the salary.

(2) Within six months after the passing of this Act, the salary of a coroner in office at such passing shall be reviewed by the local authority who pay the salary.

(3) On a review under this section of a salary, the local authority shall, subject to the approval of the Minister, make a determination (in this section referred to as a provisional determination) that the salary shall be increased in a specified manner or that it shall be confirmed.

(4) A local authority who make a provisional determination shall inform the coroner to whom the determination relates of the terms of the determination within one month after it is made.

(5) Where a coroner is dissatisfied with a provisional determination, he may, within one month after being informed of the terms of the determination, appeal against it to the Minister.

(6) Where an appeal is taken against a provisional determination, the Minister shall either dismiss the appeal or determine that the salary in question shall be increased in a specified manner.

(7) Where a provisional determination is made and an appeal against it is not taken or, if taken, is dismissed, the salary in question shall stand confirmed or increased in accordance with the determination.

(8) Where an appeal is taken against a provisional determination and on the appeal the Minister determines that the salary in question shall be increased in a specified manner, the salary shall stand so increased.

(9) Where a local authority who are required by this section to review the salary of a coroner refuse to review it or, on the expiration of one month after the expiration of the period during which they are required to review the salary, have failed to inform the coroner of the terms of a provisional determination made by them in respect of the salary—

( a ) the coroner may request the Minister to review the salary,

( b ) the Minister shall review the salary and on such review shall determine either that the salary shall be increased in a specified manner or that it shall be confirmed,

( c ) the salary shall thereupon stand increased or confirmed in accordance with the determination of the Minister.

(10) An increase of salary under this section shall have effect—

( a ) where the increase is consequent on a scheme under section 3 of this Act—as from the coming into force of the scheme, and

( b ) in any other case—as from the passing of this Act.

5.—The Minister shall not under this Act give an approval, dismiss an appeal or fix, review or make a determination in relation to a salary save after consultation with the Minister for Local Government.

6.—The salary which a coroner in office at the passing of this Act then has shall continue to be his salary for the remainder of this term of office, but this provision shall be without prejudice—

( a ) to any increase of his salary that may be effected under this Act, and

( b ) where his salary has been so increased, to any reduction thereof which does not reduce it below the salary which he had at the passing of this Act.

7.—The enactment s mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule

8.—(1) This Act may be cited as the Coroners (Amendment) Act, 1947 .

(2) The Coroners (Amendment) Act, 1927 (No. 1 of 1927), and this Act may be cited together as the Coroners (Amendment) Acts, 1927 and 1947.

Section 7.

SCHEDULE

ENACTMENTS REPEALED.