Commentary on provisions of Act Section 4: Coroners’ investigations into stillbirths
Section 4 requires the Secretary of State to prepare and publish a report into whether and, if so, how the law should be changed to enable or require coroners to investigate still-births. There is further supplementary provision about the power to make regulations under the Act is made in Section 5. Section 4(1) places a duty on the Secretary of State to make arrangements for the preparation of a report on whether, and if so how, the law ought to be changed to enable or require coroners to investigate still-births. Under section 4(2) "still-births" is given the meaning in section 41 of the Births and Deaths Registration Act 1953. Under Section 4(3) the Secretary of State must publish the report produced.
	Subsection (4) of Section 4 confers a power on the Lord Chancellor, after the report under section 4(1) has been published, to make regulations. Those regulations may amend Part 1 of the Coroners and Justice Act 2009 ("CJA") to enable or require coroners to conduct investigations into still-births. Part 1 of the CJA contains the current powers of coroners to investigate deaths. A description of the current provisions in Part 1 is provided above in the Legal Background section of these Explanatory Notes.
	Section 4(4)(b) provides that investigation regulations may limit the circumstances in which investigations are to take place. For example, this could be used to provide that a power or duty to investigate still-births only applies to still-births of a specified gestation. Section 4(4)(c) provides that investigation regulations may provide the purposes of a coroner’s investigation. Under Section 4(4)(d) investigation regulations may make provision equivalent or similar to provisions in Part 1 of the CJA that relate to investigations into deaths.
	Under subsection (5) of Section 4, regulations may not create criminal offences other than by applying (with necessary modifications), or making equivalent or similar provision to, provision already contained in Part 1 of the CJA. For example, this power could be used to apply the offences in Schedule 6 to the CJA to investigations into still-births. Subsection (5) also provides that regulations may not confer any power to make provision of a legislative character other than applying, or making equivalent or similar provision, to provision already contained in Part 1 of the CJA. For example, this power could be used to make provision equivalent to the Lord Chief Justice’s power in section 45 of the CJA to make rules relating to inquests.
	Under Section 4(6) the power to make regulations will cease to be exercisable after the period of five years beginning with the day on which the report is published under section 4(3).
	The power to make regulations amending the CJA under section 4 is subject to the affirmative resolution procedure (section 5(7)).