Inquiries Bill [HL

Tags: inquiry, Northern Ireland, subsection, Inquiries, terms of reference, member, Northern Ireland Minister, restriction order, Inquiries Act 2005, inquiry panel, Interpretation Act, Scottish Ministers, deputy First Minister, the United Kingdom, restriction, Restrictions, United Kingdom, United Kingdom Ministers, Road Traffic Act 1988, reserved matter, Police Act 1997, Act, Care Standards Act 2000, Children Act 1989, National Criminal Intelligence Service, Regulation of Investigatory Powers Act 2000, Protection of Children Act, Tribunals and Inquiries Act 1992, accordance with section, Police Act 1996
Content: Inquiries Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Constitutional Affairs, are published separately as ... EUROPEAN CONVENTION ON Human Rights The Lord Falconer of Thoroton has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Inquiries Bill are compatible with the Convention rights. 53/4
Inquiries Bill [HL]
CONTENTS
Constitution of inquiry 1 Power to establish inquiry 2 No determination of liability 3 The inquiry panel 4 Appointment of inquiry panel 5 Setting-up date and terms of reference 6 Further appointments to inquiry panel 7 Suitability of inquiry panel 8 Requirement of impartiality 9 Appointment of judge as panel member 10 Assessors 11 Duration of appointment of members of inquiry panel 12 Power to suspend inquiry 13 End of inquiry
Conversion of inquiries 14 Power to convert other inquiry into inquiry under this Act 15 Inquiries converted under section 14
Inquiry proceedings 16 Evidence and procedure 17 Restrictions on public access etc 18 Further provisions about restriction notices and orders 19 Powers of chairman to require production of evidence etc 20 Privileged information etc 21 Risk of damage to the economy
22 Submission of reports 23 Publication of reports
Inquiry reports
Scotland, Wales and Northern Ireland 24 United Kingdom inquiries 25 Scottish inquiries
53/4
iv
Inquiries Bill [HL]
26 Welsh inquiries 27 Northern Ireland inquiries 28 The relevant part of the United Kingdom and the applicable rules
Inquiries for which more than one Minister responsible 29 Joint inquiries 30 Inquiries involving more than one administration 31 Change of responsibility for inquiry
Supplementary 32 Offences 33 Enforcement by High Court or Court of Session 34 Immunity from suit 35 Time limit for applying for judicial review 36 Payment of inquiry expenses by Minister 37 Expenses of witnesses etc
General 38 Rules 39 Notices etc 40 Interpretation 41 Transitory, transitional and saving provisions 42 Suspension of devolved government in Northern Ireland
Amendments etc 43 Inquiries under the Financial Services and Markets Act 2000 44 Inquiries etc under Northern Ireland legislation 45 Minor and consequential amendments 46 Repeals and revocations
47 Crown application 48 Commencement 49 Extent 50 Short title
Final provisions
Schedule 1 -- Provisions applicable to inquiries etc under Northern Ireland legislation Schedule 2 -- Minor and consequential amendments Part 1 -- Acts of Parliament Part 2 -- Acts of the Scottish Parliament Part 3 -- Northern Ireland legislation Schedule 3 -- Repeals and revocations
Inquiries Bill [HL]
1
A
BILL TO Make provision about the holding of inquiries.
B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--
Constitution of inquiry
1 Power to establish inquiry
(1) A Minister may cause an inquiry to be held under this Act in relation to a case
where it appears to him that--
(a) particular events have caused, or are capable of causing, public
5
concern, or
(b) there is public concern that particular events may have occurred.
(2) In this Act "Minister" means--
(a) a United Kingdom Minister;
(b) the Scottish Ministers;
10
(c) a Northern Ireland Minister;
and references to a Minister also include references to the National Assembly
for Wales.
(3) References in this Act to an inquiry, except where the context requires
otherwise, are to an inquiry under this Act.
15
2 No determination of liability (1) An inquiry panel is not to rule on, and has no power to determine, any person's civil or criminal liability. (2) But an inquiry panel is not to be inhibited in the discharge of its functions by any likelihood of liability being inferred from facts that it determines or 20 recommendations that it makes.
3 The inquiry panel (1) An inquiry is to be undertaken either--
53/4
2
Inquiries Bill [HL]
(a) by a chairman alone, or (b) by a chairman with one or more other members.
(2) References in this Act to an inquiry panel are to the chairman and any other member or members.
4 Appointment of inquiry panel
5
(1) Each member of an inquiry panel is to be appointed by the Minister by an instrument in writing.
(2) The instrument appointing the chairman must state that the inquiry is to be held under this Act.
5 Setting-up date and terms of reference
10
(1) In the instrument under section 4 appointing the chairman, or by a notice given
to him within a reasonable time afterwards, the Minister must--
(a) specify the date that is to be the setting-up date for the purposes of this
Act; and
(b) before that date--
15
(i) set out the terms of reference of the inquiry;
(ii) state whether or not the Minister proposes to appoint other
members to the inquiry panel, and if so how many.
(2) An inquiry must not begin considering evidence before the setting-up date. (3) Functions conferred by this Act on an inquiry panel, or a member of an inquiry 20 panel, are exercisable only within the inquiry's terms of reference.
(4) In this Act "terms of reference", in relation to an inquiry under this Act, means-- (a) the matters to which the inquiry relates; (b) any particular matters as to which the inquiry panel is to determine the 25 facts; (c) whether the inquiry panel is to make recommendations; (d) any other matters relating to the scope of the inquiry that the Minister may specify.
6 Further appointments to inquiry panel
30
(1) The Minister may at any time (whether before the setting-up date or during the
course of the inquiry) appoint a member to the inquiry panel--
(a) to fill a vacancy that has arisen in the panel (including a vacancy in the
position of chairman), or
(b) to increase the number of members of the panel.
35
(2) The power to appoint a member under subsection (1)(b) is exercisable only-- (a) in accordance with a proposal under section 5(1)(b)(ii), or (b) with the consent of the chairman.
(3) The power to appoint a replacement chairman may be exercised by appointing
a person who is already a member of the inquiry panel.
40
Inquiries Bill [HL]
3
7 Suitability of inquiry panel
(1) In appointing a member of the inquiry panel, the Minister must have regard--
(a) to the need to ensure that the inquiry panel (considered as a whole) has
the necessary expertise to undertake the inquiry;
(b) in the case of an inquiry panel consisting of a chairman and one or more
5
other members, to the need for balance (considered against the
background of the terms of reference) in the composition of the panel.
(2) For the purposes of subsection (1)(a) the Minister may have regard to the
assistance that may be provided to the inquiry panel by any assessor whom the
Minister proposes to appoint, or has appointed, under section 10.
10
8 Requirement of impartiality
(1) The Minister must not appoint a person as a member of the inquiry panel if it
appears to the Minister that the person has--
(a) a direct interest in the matters to which the inquiry relates, or
(b) a close association with an interested party,
15
unless in the Minister's opinion the person's interest or association would be
unlikely to influence his decisions as a member of the panel.
(2) Before a person is appointed as a member of an inquiry panel he must notify
the Minister of any matters that, having regard to subsection (1), could affect
his eligibility for appointment.
20
(3) If at any time (whether before the setting-up date or during the course of the inquiry) a member of the inquiry panel becomes aware that he has an interest or association falling within paragraph (a) or (b) of subsection (1), he must notify the Minister. (4) A member of the inquiry panel must not, during the course of the inquiry, 25 undertake any activity that could reasonably be regarded as affecting his suitability to serve as such.
9 Appointment of judge as panel member (1) If the Minister proposes to appoint as a member of an inquiry panel a particular person who is a judge of a description specified in the first column of the 30 following table, he must first consult the person specified in the second column.
Description of judge
Person to be consulted
Lord of Appeal in Ordinary
The senior Lord of
Appeal in Ordinary
35
Judge of the Supreme Court of
The Lord Chief Justice
England and Wales, or Circuit judge of England and Wales
Judge of the Court of Session, sheriff principal or sheriff
The Lord President of the Court of Session
4
Inquiries Bill [HL]
Description of judge
Person to be consulted
Judge of the Supreme Court of Northern Ireland, or county court judge in Northern Ireland
The Lord Chief Justice of Northern Ireland
(2) In this section "sheriff principal" and "sheriff" have the same meaning as in the
5
Sheriff Courts (Scotland) Act 1971 (c. 58).
10 Assessors
(1) One or more persons may be appointed to act as assessors to assist the inquiry panel.
(2) The power to appoint assessors is exercisable--
10
(a) before the setting-up date, by the Minister;
(b) during the course of the inquiry, by the chairman (whether or not the
Minister has appointed assessors).
(3) A person may be appointed as an assessor only if it appears to the Minister or the chairman (as the case requires) that he has expertise that makes him a 15 suitable person to provide assistance to the inquiry panel.
(4) In deciding whether to exercise his power under subsection (2)(b) the chairman must consider whether it is in the public interest to appoint an assessor, having regard in particular to the cost. (5) The chairman may at any time terminate the appointment of an assessor, but 20 only with the consent of the Minister in the case of an assessor appointed by the Minister.
11 Duration of appointment of members of inquiry panel
(1) Subject to the following provisions of this section, a member of an inquiry panel remains a member until the inquiry comes to an end (or until his death 25 if he dies before then).
(2) A member of an inquiry panel may at any time resign his appointment by notice to the Minister.
(3) The Minister may at any time by notice terminate the appointment of a
member of an inquiry panel--
30
(a) on the ground that, by reason of physical or mental illness or for any other reason, the member is unable to carry out the duties of a member of the inquiry panel;
(b) on the ground that the member has failed to comply with any duty
imposed on him by this Act;
35
(c) on the ground that the member has--
(i) a direct interest in the matters to which the inquiry relates, or
(ii) a close association with an interested party,
and in the Minister's opinion the member's interest or association is
likely to influence his decisions as a member of the inquiry panel;
40
Inquiries Bill [HL]
5
(d) on the ground that the member has, since his appointment, been guilty of any misconduct that makes him unsuited to membership of the inquiry panel.
(4) In determining whether subsection (3)(a) applies in a case where the inability
to carry out the duties is likely to be temporary, the Minister may have regard
5
to the likely duration of the inquiry.
(5) The Minister may not terminate a member's appointment under subsection (3)(c) if the Minister was aware of the interest or association in question when appointing him. (6) Before exercising his powers under subsection (3) in relation to a member other 10 than the chairman, the Minister must consult the chairman.
(7) Before exercising his powers under subsection (3) in relation to any member of the inquiry panel, the Minister must-- (a) inform the member of the proposed decision and of the reasons for it, and take into account any representations made by the member in 15 response, and (b) if the member so requests, consult the other members of the inquiry panel (to the extent that no obligation to consult them arises under subsection (6)).
12 Power to suspend inquiry
20
(1) The Minister may at any time, by notice to the chairman, suspend an inquiry for such period as appears to him to be necessary to allow for-- (a) the completion of any other investigation relating to any of the matters to which the inquiry relates, or (b) the determination of any civil or criminal proceedings (including 25 proceedings before a disciplinary tribunal) arising out of any of those matters.
(2) The power conferred by subsection (1) may be exercised whether or not the investigation or proceedings have begun. (3) A notice under subsection (1) may suspend the inquiry until a specified day, 30 until the happening of a specified event or until the giving by the Minister of a further notice to the chairman.
(4) A member of an inquiry panel may not exercise the powers conferred by this
Act during any period of suspension; but the duties imposed on a member of
an inquiry panel by section 8(3) and (4) continue during any such period.
35
(5) In this section "period of suspension" means the period beginning with the
receipt by the chairman of the notice under subsection (1) and ending with
whichever of the following is applicable--
(a) the day referred to in subsection (3);
(b) the happening of the event referred to in that subsection;
40
(c) the receipt by the chairman of the further notice under that subsection.
13 End of inquiry (1) For the purposes of this Act an inquiry comes to an end--
6
Inquiries Bill [HL]
(a) on the date, after the delivery of the report of the inquiry, on which the
chairman notifies the Minister that the inquiry has fulfilled its terms of
reference, or
(b) on any earlier date specified in a notice given to the chairman by the
Minister.
5
(2) The date specified in a notice under subsection (1)(b) may not be earlier than the date on which the notice is sent.
Conversion of inquiries
14 Power to convert other inquiry into inquiry under this Act
(1) Where--
10
(a) an inquiry ("the original inquiry") is being held, or is due to be held, by
one or more persons appointed otherwise than under this Act,
(b) a Minister gives a notice under this section to those persons, and
(c) the person who caused the original inquiry to be held consents,
the original inquiry becomes an inquiry under this Act as from the date of the 15
notice or such later date as may be specified in the notice (the "date of
conversion").
(2) The power conferred by this section is exercisable only if the original inquiry relates to a case where it appears to the Minister that-- (a) particular events have caused, or are capable of causing, public 20 concern, or (b) there is public concern that particular events may have occurred.
(3) A notice under this section must--
(a) state that, as from the date of conversion, the inquiry is to be held under
this Act;
25
(b) in the case of an inquiry panel consisting of more than one member,
identify who is to be chairman of the panel;
(c) set out what are to be the terms of reference of the inquiry.
(4) The terms of reference set out under subsection (3) may be different from those
of the original inquiry.
30
15 Inquiries converted under section 14 (1) This section applies where an inquiry (the "original inquiry") is converted under section 14 into an inquiry under this Act. (2) The appointment of a person who at the date of conversion is-- (a) one of the persons holding, or due to hold, the original inquiry (an 35 "original member"), (b) an assessor, counsel or solicitor to the inquiry, or (c) a person engaged to provide assistance to the inquiry, continues as if made under this Act. (3) But the Minister may, in a notice given no later than the date of conversion, 40 terminate the appointment of an original member on any ground mentioned in section 11(3).
Inquiries Bill [HL]
7
(4) Subsections (4) to (7) of section 11 apply for the purposes of subsection (3) above as they apply for the purposes of subsection (3) of that section.
(5) After the date of conversion, the Minister may not terminate the appointment
of an original member on any ground of which he was aware at that date and
on which he could have terminated the appointment by virtue of subsection
5
(3).
(6) Any obligation arising under an order of the original inquiry, or otherwise in connection with that inquiry, is enforceable only as it would be if the original inquiry had not been converted. (7) No rights or obligations arise under or by virtue of this Act before the date of 10 conversion.
Inquiry proceedings
16 Evidence and procedure (1) Subject to any provision of this Act or of rules under section 38, the procedure and conduct of an inquiry are to be such as the chairman of the inquiry may 15 direct. (2) In particular, the chairman may take evidence on oath, and for that purpose may administer oaths. (3) In making any decision as to the procedure or conduct of an inquiry, the chairman must have regard to the need to avoid any unnecessary cost (whether 20 to public funds or to witnesses or others).
17 Restrictions on public access etc
(1) Restrictions may, in accordance with this section, be imposed on-- (a) attendance at an inquiry, or at any particular part of an inquiry; (b) disclosure or publication of any evidence or documents given, 25 produced or provided to an inquiry.
(2) Restrictions may be imposed in either or both of the following ways-- (a) by being specified in a notice (a "restriction notice") given by the Minister to the chairman at any time before the end of the inquiry; (b) by being specified in an order (a "restriction order") made by the 30 chairman during the course of the inquiry.
(3) A restriction notice or restriction order must specify only such restrictions-- (a) as are required by any statutory provision, enforceable Community obligation or rule of law, or (b) as the Minister or chairman considers to be conducive to the inquiry 35 fulfilling its terms of reference or to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4).
(4) Those matters are--
(a) the extent to which any restriction on attendance, disclosure or
publication might inhibit the allaying of public concern;
40
(b) any risk of harm or damage that could be avoided or reduced by any
such restriction;
8
Inquiries Bill [HL]
(c) any conditions as to confidentiality subject to which a person acquired
information that he is to give, or has given, to the inquiry;
(d) the extent to which not imposing any particular restriction would be
likely--
(i) to cause delay or to impair the efficiency or effectiveness of the
5
inquiry, or
(ii) otherwise to result in additional cost (whether to public funds
or to witnesses or others).
(5) In subsection (4)(b) "harm or damage" includes in particular--
(a) death or injury;
10
(b) damage to national security or international relations;
(c) damage to the economic interests of the United Kingdom or of any part
of the United Kingdom;
(d) damage caused by disclosure of commercially sensitive information.
(6) Subject to any restrictions imposed by a restriction notice or restriction order, 15 the chairman must take such steps as he considers reasonable to secure that members of the public (including reporters) are able-- (a) to attend the inquiry or to see and hear a simultaneous transmission of proceedings at the inquiry; (b) to obtain or to view a record of evidence and documents given, 20 produced or provided to the inquiry.
(7) No recording or broadcast of proceedings at an inquiry may be made except--
(a) at the request of the chairman, or
(b) with the permission of the chairman and in accordance with any terms
on which permission is given.
25
Any such request or permission must be framed so as not to enable a person to
see or hear by means of a recording or broadcast anything that he is prohibited
by a restriction notice from seeing or hearing.
18 Further provisions about restriction notices and orders (1) Restrictions specified in a restriction notice have effect in addition to any 30 already specified, whether in an earlier restriction notice or in a restriction order.
(2) Restrictions specified in a restriction order have effect in addition to any
already specified, whether in an earlier restriction order or in a restriction
notice.
35
(3) The Minister may vary or revoke a restriction notice by giving a further notice to the chairman at any time before the end of the inquiry.
(4) The chairman may vary or revoke a restriction order by making a further order during the course of the inquiry.
(5) Restrictions imposed under section 17 on disclosure or publication of evidence 40
or documents continue in force indefinitely, unless--
(a) under the terms of the relevant notice or order the restrictions expire at
the end of the inquiry, or at some other time, or
(b) the relevant notice or order is varied or revoked under subsection (3),
(4) or (7).
45
This is subject to subsection (6).
Inquiries Bill [HL]
9
(6) In so far as the restrictions apply in relation to information--
(a) given to or created by an inquiry, and
(b) kept (in any form) after the end of the inquiry by or on behalf of a
Minister,
they cease to have effect at the end of the period of thirty years following the
5
date on which the inquiry came to an end.
(7) After the end of an inquiry the Minister may, by a notice published in a way that he considers suitable, vary or revoke a restriction notice or restriction order containing restrictions on disclosure or publication that are still in force. (8) In this section "restriction notice" and "restriction order" have the meaning 10 given by section 17(2).
19 Powers of chairman to require production of evidence etc
(1) The chairman of an inquiry may by notice require a person to attend at a time
and place stated in the notice--
(a) to give evidence;
15
(b) to produce any documents in his custody or under his control that
relate to a matter in question at the inquiry;
(c) to produce any other thing in his custody or under his control for
inspection, examination or testing by or on behalf of the inquiry panel.
(2) The chairman may by notice require a person, within such period as appears 20 to the inquiry panel to be reasonable-- (a) to provide evidence to the inquiry in the form of a written statement; (b) to provide any documents in his custody or under his control that relate to a matter in question at the inquiry; (c) to produce any other thing in his custody or under his control for 25 inspection, examination or testing by or on behalf of the inquiry panel.
(3) A notice under subsection (1) or (2) must--
(a) explain the possible consequences of not complying with the notice;
(b) indicate what the recipient of the notice should do if he wishes to make
a claim within subsection (4).
30
(4) A claim by a person that--
(a) he is unable to comply with a notice under this section, or
(b) he cannot reasonably be expected to comply with such a notice,
is to be determined by the chairman of the inquiry, who may revoke or vary
the notice on that ground.
35
(5) In deciding whether to revoke or vary a notice on the ground mentioned in subsection (4)(b), the chairman must consider the public interest in the information in question being obtained by the inquiry, having regard to the likely importance of the information. (6) For the purposes of this section a thing is under a person's control if it is in his 40 possession or if he has a right to possession of it.
20 Privileged information etc (1) A person may not under section 19 be required to give, produce or provide any evidence or document if--
10
Inquiries Bill [HL]
(a) he could not be required to do so if the proceedings of the inquiry were civil proceedings in a court in the relevant part of the United Kingdom, or (b) the requirement would be incompatible with a Community obligation.
(2) The rules of law under which evidence or documents are permitted or required
5
to be withheld on grounds of public interest immunity apply in relation to an
inquiry as they apply in relation to civil proceedings in a court in the relevant
part of the United Kingdom.
21 Risk of damage to the economy (1) This section applies where it is submitted to an inquiry panel, on behalf of the 10 Crown, the Financial Services Authority or the Bank of England, that there is information held by any person which, in order to avoid a risk of damage to the economy, ought not to be revealed.
(2) The panel must not permit or require the information to be revealed, or cause it to be revealed, unless satisfied that the public interest in the information 15 being revealed outweighs the public interest in avoiding a risk of damage to the economy.
(3) In making a decision under this section the panel must take account of any
restriction notice given under section 17 or any restriction order that the
chairman has made or proposes to make under that section.
20
(4) In this section--
"damage to the economy" means damage to the economic interests of the
United Kingdom or of any part of the United Kingdom;
"revealed" means revealed to anyone who is not a member of the inquiry
panel.
25
(5) This section does not prevent the inquiry panel from communicating any information in confidence to the Minister.
(6) This section does not affect the rules of law referred to in section 20(2).
Inquiry reports
22 Submission of reports
30
(1) The chairman of an inquiry must deliver a report to the Minister setting out-- (a) the facts determined by the inquiry panel; (b) the recommendations of the panel (where the terms of reference required it to make recommendations). The report may also contain anything else that the panel considers to be 35 relevant to the terms of reference (including any recommendations the panel sees fit to make despite not being required to do so by the terms of reference).
(2) In relation to an inquiry that is brought to an end under section 13(1)(b), the
duty imposed by subsection (1) to deliver a report is to be read as a power to
do so.
40
(3) Before making a report under subsection (1) the chairman may deliver to the Minister a report under this subsection (an "interim report") containing anything that a report under subsection (1) may contain.
Inquiries Bill [HL]
11
(4) A report of an inquiry must be signed by each member of the inquiry panel.
(5) If the inquiry panel is unable to produce a unanimous report, the report must reasonably reflect the points of disagreement.
(6) In subsections (4) and (5) "report" includes an interim report.
23 Publication of reports
5
(1) It is the duty of the Minister, or the chairman if subsection (2) applies, to arrange for reports of an inquiry to be published.
(2) This subsection applies if--
(a) the Minister notifies the chairman before the setting-up date that the
chairman is to have responsibility for arranging publication, or
10
(b) at any time after that date the chairman, on being invited to do so by the
Minister, accepts responsibility for arranging publication.
(3) Subject to subsection (4), a report of an inquiry must be published in full.
(4) The person whose duty it is to arrange for a report to be published may
withhold material in the report from publication to such extent--
15
(a) as is required by any statutory provision, enforceable Community
obligation or rule of law, or
(b) as the person considers to be necessary in the public interest, having
regard in particular to the matters mentioned in subsection (5).
(5) Those matters are--
20
(a) the extent to which withholding material might inhibit the allaying of
public concern;
(b) any risk of harm or damage that could be avoided or reduced by
withholding any material;
(c) any conditions as to confidentiality subject to which a person acquired 25
information that he has given to the inquiry.
(6) In subsection (5)(b) "harm or damage" includes in particular-- (a) death or injury; (b) damage to national security or international relations; (c) damage to the economic interests of the United Kingdom or of any part 30 of the United Kingdom; (d) damage caused by disclosure of commercially sensitive information.
(7) In this section "report" includes an interim report.
Scotland, Wales and Northern Ireland
24 United Kingdom inquiries
35
(1) This section applies to an inquiry for which a United Kingdom Minister is responsible.
(2) The Minister may not, without first consulting the relevant administration, include in the terms of reference anything that would require the inquiry-- (a) to determine any fact that is wholly or primarily concerned with a 40 Scottish matter or a Welsh matter;
12
Inquiries Bill [HL]
(b) to determine any fact that is wholly or primarily concerned with a
matter which is, and was at the relevant time, a transferred Northern
Ireland matter;
(c) to make any recommendation that is wholly or primarily concerned
with a Scottish matter, a Welsh matter or a transferred Northern Ireland
5
matter.
(3) Unless the Minister gives written permission to the chairman, the powers
conferred by section 19 are not exercisable--
(a) in respect of evidence, documents or other things that are wholly or
primarily concerned with--
10
(i) a Scottish matter or a Welsh matter, or
(ii) a matter which is, and was at the relevant time, a Northern Ireland matter;
(b) so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of the Scottish Ministers, the 15 National Assembly for Wales or a Northern Ireland Minister.
(4) Before granting permission under subsection (3) the Minister must consult the relevant administration.
(5) Permission under subsection (3) may be granted subject to such conditions or
qualifications as the Minister may specify.
20
(6) Permission under subsection (3) is not required for the exercise of powers in circumstances in which subsection (6) of section 27 would prevent the powers from being exercised in the case of an inquiry to which that section applies.
(7) In this section--
"Northern Ireland matter" means--
25
(a) a transferred Northern Ireland matter, or
(b) a matter falling within section 44(2)(b) of the Northern Ireland
Act 1998 (c. 47) (matters in relation to which statutory functions are exercisable by Northern Ireland Ministers etc); "the relevant administration" means whichever of the following the case 30 requires--
(a) the Scottish Ministers;
(b) the National Assembly for Wales;
(c) such one or more Northern Ireland Ministers as appear to the
Minister to be appropriate;
35
"the relevant time" means the time when the fact or event in question
occurred (or is alleged to have occurred);
"Scottish matter" means a matter that relates to Scotland and is not a reserved matter within the meaning of the Scotland Act 1998 (c. 46); "transferred Northern Ireland matter" means a matter that relates to 40 Northern Ireland and is a transferred matter within the meaning of the Northern Ireland Act 1998 (or, in relation to any time when Part 1 of the Northern Ireland Constitution Act 1973 (c. 36) was in force, within the meaning of that Act); "Welsh matter" means a matter in relation to which the National 45 Assembly for Wales has functions.
Inquiries Bill [HL]
13
25 Scottish inquiries
(1) This section applies to an inquiry for which the Scottish Ministers are responsible.
(2) The terms of reference set out under section 5 or 14 must not require the inquiry
to determine any fact or to make any recommendation that is not wholly or
5
primarily concerned with a Scottish matter.
(3) The powers conferred by section 19 are exercisable only-- (a) in respect of evidence, documents or other things that are wholly or primarily concerned with a Scottish matter, or (b) for the purpose of inquiring into something that is wholly or primarily 10 a Scottish matter.
(4) Those powers are not exercisable so as to require any evidence, document or
other thing to be given, produced or provided by or on behalf of Her Majesty's
Government in the United Kingdom, the National Assembly for Wales or a
Northern Ireland Minister.
15
(5) In this section "Scottish matter" means a matter that relates to Scotland and is not a reserved matter (within the meaning of the Scotland Act 1998 (c. 46)).
26 Welsh inquiries
(1) This section applies to an inquiry for which the National Assembly for Wales
is responsible.
20
(2) The terms of reference set out under section 5 or 14 must not require the inquiry to determine any fact or to make any recommendation that is not wholly or primarily concerned with a Welsh matter.
(3) The powers conferred by section 19 are exercisable only-- (a) in respect of evidence, documents or other things that are wholly or 25 primarily concerned with a Welsh matter, or (b) for the purpose of inquiring into something that is wholly or primarily a Welsh matter.
(4) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty's 30 Government in the United Kingdom, the Scottish Ministers or a Northern Ireland Minister.
(5) In this section "Welsh matter" means a matter in relation to which the National Assembly for Wales has functions.
27 Northern Ireland inquiries
35
(1) This section applies to an inquiry for which a Northern Ireland Minister is responsible.
(2) The terms of reference set out under section 5 or 14 must not require the inquiry-- (a) to determine any fact that is not wholly or primarily concerned with a 40 matter which is, and was at the relevant time, a Northern Ireland matter, or
14
Inquiries Bill [HL]
(b) to make any recommendation that is not wholly or primarily concerned with a Northern Ireland matter.
(3) The Minister may not, without the consent of the Secretary of State, include in
the terms of reference anything that would require the inquiry to inquire into
events occurring--
5
(a) before 2nd December 1999 (the "appointed day" for the purposes of the
Northern Ireland Act 1998 (c. 47)), or
(b) during a period when section 1 of the Northern Ireland Act 2000 (c. 1)
is in force (suspension of devolved government in Northern Ireland).
(4) The powers conferred by section 19 are exercisable only--
10
(a) in respect of evidence, documents or other things that are wholly or
primarily concerned with a matter which is, and was at the relevant
time, a Northern Ireland matter, or
(b) for the purpose of inquiring into something that is, and was at the
relevant time, wholly or primarily a Northern Ireland matter.
15
(5) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty's Government in the United Kingdom, the Scottish Ministers or the National Assembly for Wales. (6) Powers conferred by section 19 that would not be exercisable but for subsection 20 (8)(b) below are not exercisable in circumstances in which subsection (3), (4) or (5) of section 44 of the Northern Ireland Act 1998 (power of Assembly to call for witnesses and documents) would prevent the power in subsection (1) of that section from being exercised. (7) The inquiry must not consider evidence or make recommendations about any 25 matter falling within paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters: national security etc).
(8) In this section "Northern Ireland matter" means--
(a) a matter that relates to Northern Ireland and is a transferred matter within the meaning of the Northern Ireland Act 1998 (or, in relation to 30 any time when Part 1 of the Northern Ireland Constitution Act 1973
(c. 36) was in force, within the meaning of that Act), or
(b) a matter falling within section 44(2)(b) of the Northern Ireland Act 1998
(matters in relation to which statutory functions are exercisable by
Northern Ireland Ministers etc).
35
(9) In this section "the relevant time" means the time when the fact or event in question occurred (or is alleged to have occurred).
28 The relevant part of the United Kingdom and the applicable rules
(1) The Minister responsible for an inquiry must specify whether the relevant part
of the United Kingdom in relation to the inquiry is--
40
(a) England and Wales,
(b) Scotland, or
(c) Northern Ireland.
(2) The Ministers responsible for an inquiry that--
(a) is one to which section 30 applies, and
45
(b) would (but for this subsection) be subject to more than one set of rules,
Inquiries Bill [HL]
15
must specify which of those sets, or what combination of rules from more than one of those sets, is to apply.
(3) In subsection (2) "set of rules" means the rules made by virtue of a particular paragraph of section 38(3).
(4) If in the case of an inquiry (other than one to which section 30 applies) for
5
which a United Kingdom Minister is responsible--
(a) the Minister specifies that the relevant part of the United Kingdom is Scotland,
(b) the Minister specifies that the relevant part of the United Kingdom is England and Wales, and the inquiry is expected to be held wholly or 10 partly in Wales, or
(c) the Minister specifies that the relevant part of the United Kingdom is Northern Ireland,
he may if he thinks fit specify that some or all of the rules that are to apply are rules made by virtue of paragraph (b), (c) or (d) (as appropriate) of section 15 38(3).
(5) The relevant part of the United Kingdom and, where subsection (2) or (4) applies, the applicable rules must be specified no later than the setting-up date or, as the case may be, the date of conversion.
Inquiries for which more than one Minister responsible
20
29 Joint inquiries
(1) The power under section 1 to cause an inquiry to be held, or to convert an inquiry under section 14, is exercisable by two or more Ministers acting jointly.
(2) In this Act "joint inquiry" means an inquiry for which by virtue of this section
two or more Ministers are responsible.
25
(3) In the case of a joint inquiry--
(a) powers conferred on a Minister by any provision of this Act (except
section 38) are exercisable by the Ministers in question acting jointly;
(b) duties imposed by this Act on a Minister are joint duties of those
Ministers.
30
(4) Subsection (3)(b), so far as relating to obligations under section 36, is subject to any different arrangements that may be agreed by the Ministers in question.
30 Inquiries involving more than one administration (1) This section applies to a joint inquiry for which the Ministers responsible ("the relevant Ministers") are not all United Kingdom Ministers and are not all 35 Northern Ireland Ministers. (2) A limitation imposed by section 24(2), 25(2), 26(2) or 27(2) or (3) on the terms of reference of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers. (3) A limitation imposed by section 24(3), 25(3) or (4), 26(3) or (4) or 27(4) or (5) on 40 the powers conferred on the chairman of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.
16
Inquiries Bill [HL]
(4) Subsections (6) and (7) of section 27 do not apply if at least one of the relevant Ministers is a United Kingdom Minister.
31 Change of responsibility for inquiry
(1) Each of the Ministers concerned may agree in writing that, as from a date
specified in the agreement ("the specified date"), one or more Ministers should
5
become, or cease to be, responsible for an inquiry.
(2) Where an agreement is made under this section--
(a) in relation to any time on or after the specified date, references in this
Act to the Minister responsible for the inquiry are to be read in
accordance with the agreement;
10
(b) each of the Ministers concerned has obligations under section 36 only
in relation to the period when that Minister was or is responsible for the
inquiry.
(3) Subsection (2)(b) is subject to any different arrangements that may be specified
in the agreement under this section.
15
(4) Where as a result of an agreement under this section the terms of reference of the inquiry fail to comply with an applicable limitation imposed by section 24(2), 25(2), 26(2) or 27(2) or (3), they are to be read subject to such modifications as are necessary to make them comply with the limitation. (5) In this section "the Ministers concerned" means the Ministers responsible for 20 the inquiry before the specified date together with any who, under the agreement, are to become responsible for it as from that date.
Supplementary
32 Offences (1) A person is guilty of an offence if he fails without reasonable excuse to do 25 anything that he is required to do by a notice under section 19.
(2) A person is guilty of an offence if during the course of an inquiry he does
anything that is intended to have the effect of--
(a) distorting or otherwise altering any evidence, document or other thing
that is given, produced or provided to the inquiry, or
30
(b) preventing any evidence, document or other thing from being given,
produced or provided to the inquiry,
or anything that he knows or believes is likely to have that effect.
(3) A person is guilty of an offence if during the course of an inquiry-- (a) he intentionally suppresses or conceals a document that is, and that he 35
knows or believes to be, a relevant document, or
(b) he intentionally alters or destroys any such document.
For the purposes of this subsection a document is a "relevant document" if it is
likely that the inquiry would (if aware of its existence) wish to be provided
with it.
40
(4) A person does not commit an offence under subsection (2) or (3) by doing anything that he is authorised or required to do by virtue of section 20 or any privilege that applies.
Inquiries Bill [HL]
17
(5) Proceedings in England and Wales or in Northern Ireland for an offence under subsection (1) may be instituted only by the chairman.
(6) Proceedings for an offence under subsection (2) or (3) may be instituted--
(a) in England and Wales, only by or with the consent of the Director of
Public Prosecutions;
5
(b) in Northern Ireland, only by or with the consent of the Director of
Public Prosecutions for Northern Ireland.
(7) A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level three on the standard scale or to
imprisonment for a term not exceeding the relevant maximum, or to both.
10
(8) "The relevant maximum" is-- (a) in England and Wales, 51 weeks; (b) in Scotland and Northern Ireland, six months.
33 Enforcement by High Court or Court of Session
(1) Where a person--
15
(a) fails to comply with, or acts in breach of, a notice under section 17 or 19
or an order made by an inquiry, or
(b) threatens to do so,
the chairman of the inquiry, or after the end of the inquiry the Minister, may
certify the matter to the appropriate court.
20
(2) The court, after hearing any evidence or representations on a matter certified to it under subsection (1), may make such order by way of enforcement or otherwise as it could make if the matter had arisen in proceedings before the court. (3) In this section "the appropriate court" means the High Court or, in the case of 25 an inquiry in relation to which the relevant part of the United Kingdom is Scotland, the Court of Session.
34 Immunity from suit
(1) No action lies against--
(a) a member of an inquiry panel,
30
(b) an assessor, counsel or solicitor to an inquiry, or
(c) a person engaged to provide assistance to an inquiry,
in respect of any act done or omission made in the execution of his duty as
such, or any act done or omission made in good faith in the purported
execution of his duty as such.
35
(2) Subsection (1) applies only to acts done or omissions made during the course of the inquiry, otherwise than during any period of suspension (within the meaning of section 12).
(3) For the purposes of the law of defamation, the same privilege attaches to-- (a) any statement made in or for the purposes of proceedings before an 40 inquiry (including the report and any interim report of the inquiry), and (b) reports of proceedings before an inquiry,
18
Inquiries Bill [HL]
as would be the case if those proceedings were proceedings before a court in the relevant part of the United Kingdom.
35 Time limit for applying for judicial review
(1) An application for judicial review of a decision made--
(a) by the Minister in relation to an inquiry, or
5
(b) by a member of an inquiry panel,
must be brought within 14 days after the day on which the applicant became
aware of the decision, unless that time limit is extended by the court.
(2) Subsection (1) does not apply where an earlier time limit applies by virtue of Civil Procedure Rules or rules made under section 55 of the Judicature 10 (Northern Ireland) Act 1978 (c. 23).
(3) Subsection (1) does not apply to--
(a) a decision as to the contents of the report of the inquiry;
(b) a decision of which the applicant could not have become aware until
the publication of the report.
15
In this subsection "report" includes any interim report.
(4) This section does not extend to Scotland.
36 Payment of inquiry expenses by Minister
(1) The Minister may agree to pay to--
(a) the members of the inquiry panel,
20
(b) any assessor, counsel or solicitor to the inquiry, and
(c) any person engaged to provide assistance to the inquiry,
such remuneration and expenses as the Minister may determine.
(2) The Minister must pay any amounts awarded under section 37. (3) The Minister must meet any other expenses reasonably incurred in holding the 25 inquiry, including the cost of publication of the report and any interim report of the inquiry (whether or not the chairman has responsibility for arranging publication).
(4) Subsection (5) applies where the Minister-- (a) believes that there are matters in respect of which an inquiry is acting 30 outside its terms of reference, or is likely to do, and (b) gives a notice to the chairman specifying those matters and the reasons for his belief.
(5) Subject to provision made by rules under section 38, the Minister is not obliged under this section or otherwise to pay any amounts or to meet any expenses in 35
so far as they are referable--
(a) to any matters certified by the Minister, in accordance with such
provision, to be outside the inquiry's terms of reference, and
(b) to any period falling after the date on which the notice under subsection
(4) was given.
40
(6) Within a reasonable time after the end of the inquiry the Minister must publish the total amount of what he has paid (or remains liable to pay) under this section.
Inquiries Bill [HL]
19
37 Expenses of witnesses etc
(1) The chairman may award reasonable amounts to a person--
(a) by way of compensation for loss of time, or
(b) in respect of expenses properly incurred,
in attending, or otherwise in relation to, the inquiry.
5
(2) The power to make an award under this section includes power, where the chairman considers it appropriate, to award amounts in respect of legal representation.
(3) A person is eligible for an award under this section only if he is-- (a) a person attending the inquiry to give evidence or to produce any 10 document or other thing, or (b) a person who, in the opinion of the chairman, has such a particular interest in the proceedings or outcome of the inquiry as to justify such an award. (4) The power to make an award under this section arises only if the Minister so 15 notifies the chairman, and is subject to such conditions or qualifications as may be determined by the Minister.
General
38 Rules
(1) The appropriate authority may make rules dealing with--
20
(a) matters of evidence and procedure in relation to inquiries;
(b) awards under section 37.
(2) Rules under subsection (1)(b) may in particular-- (a) make provision as to how and by whom the amount of awards is to be assessed, including provision allowing the assessment to be 25 undertaken by the inquiry panel or by such other person as the panel may nominate; (b) make provision for review of an assessment at the instance of a person dissatisfied with it.
(3) The appropriate authority is--
30
(a) the Lord Chancellor, as regards inquiries for which a United Kingdom Minister is responsible;
(b) the Scottish Ministers, as regards inquiries for which they are responsible; (c) the National Assembly for Wales, as regards inquiries for which that 35 Assembly is responsible;
(d) the First Minister and deputy First Minister acting jointly, as regards inquiries for which a Northern Ireland Minister is responsible.
(4) The power to make rules under this section is exercisable-- (a) in the case of rules made by the Lord Chancellor, the National 40 Assembly for Wales or the Scottish Ministers, by statutory instrument; (b) in the case of rules made by the First Minister and deputy First Minister, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
20
Inquiries Bill [HL]
(5) A statutory instrument made under this section is subject to annulment--
(a) if made by the Lord Chancellor, in pursuance of a resolution of either
House of Parliament;
(b) if made by the Scottish Ministers, in pursuance of a resolution of the
Scottish Parliament.
5
(6) A statutory rule made under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
39 Notices etc
A notice or notification under this Act must be given in writing.
10
40 Interpretation
(1) In this Act--
"assessor" means an assessor appointed under section 10;
"chairman", in relation to an inquiry, means the chairman of the inquiry; "the course of the inquiry" and similar expressions are to be read in 15 accordance with subsection (2);
"date of conversion" has the meaning given by section 14(1);
"document" includes information recorded in any form (and see
subsection (3));
"event", except in sections 12 and 43, includes any conduct or omission;
20
"inquiry", except where the context requires otherwise, means an inquiry
under this Act;
"inquiry panel" is to be read in accordance with section 3(2);
"interested party", in relation to an inquiry, means a person with a particularly significant interest in the proceedings or outcome of the 25 inquiry;
"interim report" means a report under section 22(3);
"joint inquiry" has the meaning given by section 29(2);
"member", in relation to an inquiry panel, includes the chairman; "Minister" is to be read in accordance with section 1(2) (and see subsection 30 (4) below);
"Northern Ireland Minister" includes the First Minister and the deputy First Minister acting jointly;
"the relevant part of the United Kingdom", in relation to an inquiry,
means the part specified under section 28(1);
35
"report" means a report under section 22(1);
"responsible", in relation to an inquiry, is to be read in accordance with subsection (5);
"terms of reference", in relation to an inquiry under this Act, has the
meaning given by section 5(4);
40
"setting-up date" means the date specified under section 5(1)(a);
"statutory provision" means a provision contained in, or having effect under, any enactment, Act of the Scottish Parliament or Northern Ireland legislation; 45
Inquiries Bill [HL]
21
"United Kingdom Minister"--
(a) means the holder of a Ministerial office specified in Part 1, 2 or
3 of Schedule 1 to the Ministerial and other Salaries Act 1975
(c. 27) or a Parliamentary Secretary;
(b) also includes the Treasury.
5
But a reference to a United Kingdom Minister does not include a
reference to the Secretary of State discharging functions by virtue of
section 42(2).
(2) References in this Act to the course of an inquiry are to the period beginning with the setting-up date, or (in the case of an inquiry converted under section 10 14) the date of conversion, and ending with the date on which the inquiry comes to an end (which is given by section 13).
(3) References in this Act to producing or providing a document, in relation to information recorded otherwise than in legible form, are to be read as references to producing or providing a copy of the information in a legible 15 form.
(4) References in this Act to "the Minister", in relation to an inquiry, are to the Minister or Ministers responsible for the inquiry.
(5) For the purposes of this Act a Minister is "responsible" for an inquiry if he is the Minister, or one of the Ministers, by whom it was caused to be held under
20
section 1 or converted under section 14.
This is subject to section 31(2)(a).
41 Transitory, transitional and saving provisions
(1) Section 14 applies whether the original inquiry was caused to be held before or
after the commencement of that section.
25
(2) For the purposes of that section, an inquiry appointed otherwise than under this Act includes a tribunal of inquiry appointed in pursuance of resolutions of both Houses of Parliament under section 1 of the Tribunals of Inquiry (Evidence) Act 1921 (c. 7).
(3) In relation to an offence committed before the commencement of section 281(5) 30 of the criminal justice Act 2003 (c. 44), the reference in section 32(8)(a) above to 51 weeks is to be read as a reference to six months.
(4) This Act does not affect-- (a) any power of Her Majesty to establish a Royal Commission, or (b) except as provided by section 14 or by sections 43 to 46 (and Schedules 35 1 to 3), any power of a Minister or other person (whether under a statutory provision or otherwise) to cause an inquiry to be held otherwise than under this Act.
(5) The repeal by this Act of any statutory provision under which an inquiry has been caused to be held does not affect any power or duty conferred or imposed 40 in respect of the inquiry, and accordingly-- (a) the inquiry may continue, (b) any report may be submitted and published, and (c) any proceedings arising out of the inquiry may be taken or continued, as if the enactment had not been repealed.
22
Inquiries Bill [HL]
42 Suspension of devolved government in Northern Ireland
(1) This section applies in relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) (suspension of devolved government in Northern Ireland) is in force.
(2) Functions conferred by this Act on a Northern Ireland Minister may be
5
discharged by the Secretary of State (and a reference to an inquiry for which a
Northern Ireland Minister is responsible is to be read accordingly).
In relation to such functions, this subsection applies in place of paragraph
4(1)(a) to (c) of the Schedule to the Northern Ireland Act 2000.
(3) A requirement under this Act to consult any Northern Ireland Minister is to be 10 read as a requirement to consult the Secretary of State.
(4) In the case of rules under section 38 made by the Secretary of State by virtue of
subsection (3)(d) of that section and subsection (2) above, subsections (4)(a)
and (5)(a) of that section apply in relation to the Secretary of State as they apply
in relation to the Lord Chancellor.
15
Amendments etc
43 Inquiries under the Financial Services and Markets Act 2000 (1) Section 14 of the Financial Services and Markets Act 2000 (c. 8) (cases in which the Treasury may arrange independent inquiries) is amended as follows. (2) In subsection (2)(b)(i), after "by this Act" there is inserted ", or by any previous 20 statutory provision,". (3) In subsection (3)(b), for the words after "but for a serious failure" there is substituted "in-- (i) the regulatory system established by Part 6 or by any previous statutory provision concerned with the official 25 listing of securities; or (ii) the operation of that system." (4) After subsection (5) there is inserted-- "(5A) "Event" does not include any event occurring before 1st December 2001 (but no such limitation applies to the reference in subsection (4) to 30 surrounding circumstances)."
44 Inquiries etc under Northern Ireland legislation
(1) For section 23 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (inquiries and investigations) there is substituted--
"23 Inquiries and investigations
35
The provisions of Schedule A1 to this Act shall have effect in relation to
any local or other inquiry or any investigation which a Minister or
Northern Ireland department causes to be held or made under any
enactment passed or made--
(a) after the commencement of this Act, and
40
(b) before the commencement of section 44 of the Inquiries Act
2005."
Inquiries Bill [HL]
23
(2) The Schedule set out in Schedule 1 to this Act is inserted into that Act as Schedule A1.
45 Minor and consequential amendments
(1) Schedule 2 (minor and consequential amendments) has effect.
(2) In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
5
Order 1999 (S.I. 1999/672) a reference to an Act that is amended by Schedule 2
to this Act is to be read as referring to that Act as so amended.
46 Repeals and revocations (1) The Tribunals of Inquiry (Evidence) Act 1921 (c. 7) is repealed. (2) The provisions set out in Schedule 3 are repealed or revoked to the extent 10 specified.
Final provisions
47 Crown application This Act and any provisions made under it bind the Crown (but do not affect Her Majesty in her personal capacity or in right of Her Duchy of Lancaster or 15 the Duke of Cornwall).
48 Commencement
(1) The preceding provisions of this Act come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument. (2) Before making an order under this section the Lord Chancellor must consult 20 the Scottish Ministers, the National Assembly for Wales and the First Minister and deputy First Minister.
(3) An order under this section--
(a) may include any transitory, transitional or saving provision that the
Secretary of State considers necessary or expedient;
25
(b) may appoint different days for different purposes.
49 Extent This Act extends to the whole of the United Kingdom.
50 Short title
This Act may be cited as the Inquiries Act 2005.
30
Inquiries Bill [HL]
24
Schedule 1 -- Provisions applicable to inquiries etc under Northern Ireland legislation
SCHEDULES
SCHEDULE 1
Section 44
PROVISIONS APPLICABLE TO INQUIRIES ETC UNDER NORTHERN IRELAND LEGISLATION
The following is the Schedule inserted into the Interpretation Act (Northern
Ireland) 1954 (c. 33 (N.I.))--
5
"SCHEDULE A1
PROVISIONS APPLICABLE TO INQUIRIES AND INVESTIGATIONS
Introductory
1
In this Schedule--
10
"the inquiry" means any inquiry or investigation in relation
to which, by virtue of section 23 of this Act, the provisions
of this Schedule apply;
"the Department" means the Minister or Northern Ireland
department causing the inquiry to be held.
15
Appointment of person to hold inquiry
2
The Department shall appoint a person to hold the inquiry and to
report thereon to the Department.
Notification of time and place of inquiry
3
Notification shall be sent to any persons appearing to the 20
Department or the person appointed to hold the inquiry to be
interested of the time when, and the place where, the inquiry is to
be held.
Powers to require persons to give evidence etc.
4 (1) Subject to sub-paragraphs (2) and (3), the person appointed to 25 hold the inquiry may by notice require any person--
(a) to attend at the time and place set forth in the notice to give
evidence or to produce any books or documents in his
custody or under his control which relate to any matter in
question at the inquiry; or
30
(b) to furnish, within such reasonable period as is specified in the notice, such information relating to any matter in question at the inquiry as the person appointed to hold the
Inquiries Bill [HL]
25
Schedule 1 -- Provisions applicable to inquiries etc under Northern Ireland legislation
inquiry may think fit, and as the person so required is able to furnish.
(2) A person shall not to be required, in obedience to such a notice, to
attend at any place which is more than 16 kilometres from the
place where he resides unless the necessary expenses are paid or
5
tendered to him.
(3) Nothing in this paragraph shall empower the person appointed to hold the inquiry to require any person to produce any book or document, or to answer any question, which he would be entitled, on the ground of privilege or otherwise, to refuse to produce or to 10 answer if the inquiry were a proceeding in a court of law.
Oaths and statements
5
The person appointed to hold the inquiry may administer oaths
and examine witnesses on oath, and may accept, in lieu of evidence on oath by any person, a statement in writing by that 15
person.
Offences
6
Any person who--
(a) refuses or wilfully neglects to attend in obedience to a
notice under paragraph 4, or to give evidence; or
20
(b) wilfully alters, suppresses, conceals or destroys or refuses to produce any book or document which he may be required to produce by any such notice; or
(c) refuses or deliberately neglects to furnish any information
which he is required to furnish under paragraph 4(1)(b);
25
shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 2 on the standard scale.
Expenses
7 (1) The expenses incurred by the Department in relation to the 30
inquiry (including such sum as the Department may, with the
approval of the Department of Finance and Personnel, determine
in respect of the services of any officer engaged in the inquiry)
shall be paid by such of the parties to the inquiry in such
proportions as the Department may order.
35
(2) The Department may make orders as to the expenses incurred by the parties appearing at the inquiry and as to the parties by whom such expenses shall be paid.
(3) Any order made by the Department under sub-paragraph (1) or (2) may, on the application of any party to the inquiry, be made a 40 rule of the High Court."
26
Inquiries Bill [HL]
Schedule 2 -- Minor and consequential amendments
Part 1 -- Acts of Parliament
SCHEDULE 2
Section 45
MINOR AND CONSEQUENTIAL AMENDMENTS
PART 1
ACTS OF PARLIAMENT
Regulation of Railways Act 1871 (c. 78)
5
1
Section 7 of the Regulation of Railways Act 1871 (inquiry into accidents and
formal investigation in serious cases) is omitted.
Ministry of Transport Act 1919 (c. 50)
2
Section 20 of the Ministry of Transport Act 1919 (power to hold inquiries) is
omitted.
10
Road and Rail Traffic Act 1933 (c. 53)
3
Section 47 of the Road and Rail Traffic Act 1933 (inquiries by Minister) is
omitted.
Agricultural Marketing Act 1958 (c. 47)
4
In section 26 of the Agricultural Marketing Act 1958 (constitution and 15
functions of Agricultural Marketing Reorganisation Commissions)
subsections (6) to (8) are omitted.
mental health Act 1959 (c. 72)
5
Section 143 of the Mental Health Act 1959 (inquiries) is omitted.
Transport Act 1962 (c. 46)
20
6
Section 90 of the Transport Act 1962 (inquiries) is omitted.
National Health Service Act 1977 (c. 49)
7
Section 84 of the National Health Service Act 1977 (inquiries) is omitted.
Public Passenger Vehicles Act 1981 (c. 14)
8
In the Public Passenger Vehicles Act 1981, sections 76 (general power to hold 25
inquiries) and 77 (general provisions as to inquiries) are omitted.
Mental Health Act 1983 (c. 20)
9
Section 125 of the Mental Health Act 1983 (inquiries) is omitted.
Road Traffic Regulation Act 1984 (c. 27)
10
In the Road Traffic Regulation Act 1984, sections 128 (power to hold 30
inquiries) and 129 (general provisions as to inquiries) are omitted.
Inquiries Bill [HL]
27
Schedule 2 -- Minor and consequential amendments
Part 1 -- Acts of Parliament
Road Traffic Act 1988 (c. 52)
11
Section 179 of the Road Traffic Act 1988 (general power to hold inquiries) is
omitted.
Children Act 1989 (c. 41)
12
Section 81 of the Children Act 1989 (inquiries) is omitted.
5
Further and Higher Education Act 1992 (c. 13)
13
In section 57 of the Further and Higher Education Act 1992 (intervention)
subsection (9) is omitted.
Tribunals and Inquiries Act 1992 (c. 53)
14
In section 16 of the Tribunals and Inquiries Act 1992 (interpretation), in the 10
definition of "statutory provision" in subsection (1), after "any enactment"
there is inserted "other than the Inquiries Act 2005".
Police Act 1996 (c. 16)
15
Section 49 of the Police Act 1996 (local inquiries) is omitted.
Education Act 1996 (c. 56)
15
16
Section 507 of the Education Act 1996 (power to direct local inquiries) is
omitted.
Police Act 1997 (c. 50)
17
In the Police Act 1997, sections 34 (National Criminal Intelligence Service:
inquiries) and 79 (National Crime Squad: inquiries) are omitted.
20
Police (Northern Ireland) Act 1998 (c. 32)
18
Section 44 of the Police (Northern Ireland) Act 1998 (inquiries) is omitted.
Protection of Children Act 1999 (c. 14)
19
In section 2B of the Protection of Children Act 1999 (individuals named in
the findings of certain inquiries), in subsection (7)(a), after "held" there is 25
inserted "under the Inquiries Act 2005 or".
Care Standards Act 2000 (c. 14)
20
In section 85 of the Care Standards Act 2000 (individuals named in the
findings of certain inquiries), in subsection (7)(a), after "held" there is
inserted "under the Inquiries Act 2005 or".
30
Regulation of Investigatory Powers Act 2000 (c. 23)
21 (1) Section 17 of the Regulation of Investigatory Powers Act 2000 (exclusion of matters from legal proceedings) is amended as follows.
28
Inquiries Bill [HL]
Schedule 2 -- Minor and consequential amendments
Part 1 -- Acts of Parliament
(2) In subsection (1), after "legal proceedings" there is inserted "or Inquiries Act proceedings".
(3) In subsection (4), for "In this section "intercepted communications" means"
there is substituted "In this section--
"Inquiries Act proceedings" means proceedings of an inquiry
5
under the Inquiries Act 2005;
"intercepted communications" means".
22 (1) Section 18 of that Act (exceptions to section 17) is amended as follows.
(2) In subsection (1) the word "legal" is omitted.
(3) In subsection (7), after paragraph (b) there is inserted "; or
10
(c) a disclosure to the panel of an inquiry held under the
Inquiries Act 2005 in the course of which the panel has
ordered the disclosure to be made to the panel alone."
(4) After subsection (8) there is inserted-- "(8A) The panel of an inquiry shall not order a disclosure under subsection 15 (7)(c) except where it is satisfied that the exceptional circumstances of the case make the disclosure essential to enable the inquiry to fulfil its terms of reference."
Police (Northern Ireland) Act 2000 (c. 32)
23
In section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board 20
following report by Chief Constable), for subsection (14) there is
substituted--
"(14) "Paragraphs 3 to 6 of Schedule A1 to the Interpretation Act (Northern Ireland) 1954 (provisions applicable to inquiries etc. under Northern Ireland legislation) shall apply to an inquiry under this 25 section with the substitution for references to the Department of references to the person conducting the inquiry."
Adoption and Children Act 2002 (c. 38)
24
Section 17 of the Adoption and Children Act 2002 (inquiries) is omitted.
Fire and Rescue Services Act 2004 (c. 21)
30
25
Section 27 of the Fire and Rescue Services Act 2004 (inquiries) is omitted.
PART 2
ACTS OF THE SCOTTISH PARLIAMENT
Protection of Children (Scotland) Act 2003 (asp 5)
26
In section 6 of the Protection of Children (Scotland) Act 2003 (individuals 35
named in the findings of certain inquiries), in subsection (6), after paragraph
(a) there is inserted--
"(aa) an inquiry held under the Inquiries Act 2005;".
Inquiries Bill [HL]
29
Schedule 2 -- Minor and consequential amendments
Part 3 -- Northern Ireland legislation
PART 3
NORTHERN IRELAND LEGISLATION
local government Act (Northern Ireland) 1923 (c. 31 (N.I.))
27
Section 6 of the Local Government Act (Northern Ireland) 1923 (fees for
holding inquiries) is omitted.
5
Petroleum (Consolidation) Act (Northern Ireland) 1929 (c. 13 (N.I.))
28
Section 14 of the Petroleum (Consolidation) Act (Northern Ireland) 1929
(inquiry into accidents connected with petroleum spirit) is omitted.
Prison Act (Northern Ireland) 1953 (c. 18 (N.I))
29
Section 7 of the Prison Act (Northern Ireland) 1953 (sworn inquiries) is 10
omitted.
Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14))
30
In the Health and Personal Social Services (Northern Ireland) Order 1972,
Article 54 (inquiries) and Schedule 8 (provisions as to inquiries) are omitted.
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
15
31
In Article 16 of the Health and Safety at Work (Northern Ireland) Order 1978
(investigations and inquiries) the following words are omitted--
(a) in paragraph (1), "the Department concerned or";
(b) in paragraph (2), "The Department concerned or"; (c) in paragraph (5), "the Department concerned or, as the case may be," 20 and "that Department or" (in both places);
(d) in paragraph (6) "The Department concerned or, as the case may be,";
(e) in paragraph (6)(a), (b) and (c), "that Department or".
Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))
32
In Schedule 5 to the Road Traffic (Northern Ireland) Order 1981 (provisions 25
as to inquiries and applications), in paragraph 5, for "Schedule 8 to the
Health and Personal Social Services (Northern Ireland) Order 1972" there is
substituted "Schedule A1 to the Interpretation Act (Northern Ireland) 1954".
Agricultural Marketing (Northern Ireland) Order 1982 (S.I. 1982/1080 (N.I. 12))
33
In Article 4 of the Agricultural Marketing (Northern Ireland) Order 1982 30
(approval of schemes), in paragraph (10), for the words from "Article 54" to
"1954," there is substituted "Schedule A1 to the Interpretation Act (Northern
Ireland) 1954 shall, in its application to any such inquiry by virtue of section
23 of that Act,".
Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))
35
34
Article 108 of the Education and Libraries (Northern Ireland) Order 1986
(inquiries and investigations) is omitted.
30
Inquiries Bill [HL]
Schedule 2 -- Minor and consequential amendments
Part 3 -- Northern Ireland legislation
Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
35
Article 69 of the Adoption (Northern Ireland) Order 1987 (inquiries) is
omitted.
Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))
36
In Article 130 of the Road (Northern Ireland) Order 1993 (inquiries), in
5
paragraph (2)--
(a) for "Schedule 8 to the Health and Personal Social Services (Northern
Ireland) Order 1972" there is substituted "Schedule A1 to the
Interpretation Act (Northern Ireland) 1954";
(b) for "the Interpretation Act (Northern Ireland) 1954" there is 10
substituted "that Act";
(c) for "paragraph 6" there is substituted "paragraph 7(1)".
Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
37
Article 152 of the Children (Northern Ireland) Order 1995 (inquiries) is
omitted.
15
Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7))
38
In Article 9 of the Commissioner for Complaints (Northern Ireland) Order
1996 (matters not subject to investigation), in paragraph (5), for the words
from "the subject of" to the end there is substituted "the subject of--
(a) an inquiry under the Inquiries Act 2005, or
20
(b) any such inquiry as is referred to in section 23 of the
Interpretation Act (Northern Ireland) 1954 (inquiries and
investigations)".
Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))
39
In Article 65 of the Road Traffic Regulation (Northern Ireland) Order 1997 25
(inquiries), in paragraph (2)--
(a) for "Schedule 8 to the Health and Personal Social Services (Northern
Ireland) Order 1972" there is substituted "Schedule A1 to the
Interpretation Act (Northern Ireland) 1954";
(b) for "the Interpretation Act (Northern Ireland) 1954" there is 30
substituted "that Act";
(c) for "paragraph 6" there is substituted "paragraph 7(1)".
Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))
40
Article 58 of the Criminal Justice (Children) (Northern Ireland) Order 1998
(inquiries and investigations) is omitted.
35
Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417 (N.I. 4))
41
In Articles 7 and 39 of the Protection of Children and Vulnerable Adults
(Northern Ireland) Order 2003 (individuals named in the findings of certain
inquiries), in paragraph (7)(a), after "held" there is inserted "under the 40
Inquiries Act 2005 or".
Inquiries Bill [HL]
31
Schedule 2 -- Minor and consequential amendments
Part 3 -- Northern Ireland legislation
Commissioner for Children and Young People (Northern Ireland) Order 2003 (S.I. 2003/439 (N.I. 11))
42
In Article 13 of the Commissioner for Children and Young People (Northern
Ireland) Order 2003 (actions which may be investigated: restrictions and
exclusions), in paragraph (3), for "the subject of a local or Public inquiry"
5
there is substituted "the subject of--
(a) an inquiry under the Inquiries Act 2005, or
(b) any such inquiry as is referred to in section 23 of the
Interpretation Act (Northern Ireland) 1954 (inquiries and
investigations)".
10
SCHEDULE 3 REPEALS AND REVOCATIONS
Section 46
Reference
Extent of repeal or revocation
Regulation of Railways Act Section 7.
1871 (c. 78)
15
Ministry of Transport Act 1919 Section 20. (c. 50)
Tribunals of Inquiry (Evidence) The whole Act. Act 1921 (c. 7)
Local Government Act Section 6.
20
(Northern Ireland) 1923 (c. 31
(N.I.))
Petroleum (Consolidation) Act Section 14.
(Northern Ireland) 1929 (c. 13
(N.I.))
25
Road and Rail Traffic Act 1933 Section 47. (c. 53)
Prison Act (Northern Ireland) Section 7. 1953 (c. 18 (N.I.))
Agricultural Marketing Act Section 26(6) to (8).
30
1958 (c. 47)
Mental Health Act 1959 (c. 72) Section 143.
Transport Act 1962 (c. 46)
Section 90.
Fees for Inquiries (Variation) In the Schedule, the entries relating to the Road
Order 1968 (S.I. 1968/656)
and Rail Traffic Act 1933 and the Road Traffic
35
Act 1960.
Civil Evidence Act 1968 (c. 64) Section 17(1)(a).
Civil Evidence Act (Northern In section 13(1), the words from the beginning
Ireland) 1971 (c. 36 (N.I.))
to "; and" and the word "other".
Health and Personal Social Article 54.
40
Services (Northern Ireland)
Order 1972 (S.I. 1972/1265
(N.I. 14))
32
Inquiries Bill [HL]
Schedule 3 -- Repeals and revocations
Reference
Extent of repeal or revocation
Health and Personal Social Schedule 8.
Services (Northern Ireland) In Schedule 16, paragraph 17.
Order 1972 (S.I. 1972/1265
(N.I. 14))--cont.
5
Local Government (Modifications and Repeals) Order (Northern Ireland) 1973 (S.R. & O. 1973 No. 285)
In the Schedule, the entry relating to section 6 of the Local Government Act (Northern Ireland) 1923.
National Health Service Act Section 84.
10
1977 (c. 49)
Health and Safety at Work In Article 16--
(Northern Ireland) Order (a) in paragraph (1) the words "the
1978 (S.I. 1978/1039 (N.I. 9))
Department concerned or";
(b) in paragraph (2) the words "The
15
Department concerned or";
(c) in paragraph (5) the words "the
Department concerned or, as the case
may be," and the words "that
Department or" (in both places);
20
(d) in paragraph (6) the words "The
Department concerned or, as the case
may be,";
(e) in paragraph (6)(a), (b) and (c) the words
"that Department or".
25
Public Passenger Vehicles Act Sections 76 and 77. 1981 (c. 14)
Mental Health Act 1983 (c. 20) Section 125.
Road Traffic Regulation Act Sections 128 and 129.
1984 (c. 27)
30
Fees (Increase) Order (Northern In the Schedule, the entry relating to the Local Ireland) 1984 (S.R. (N.I.) 1984 Government Act (Northern Ireland) 1923. No. 369)
Local Government Act 1985 In Schedule 5, paragraph 4(36).
(c. 51)
35
Education and Libraries Article 108. (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))
Channel Tunnel Act 1987 (c. 53) In Schedule 6, in paragraph 3 the words "and 7
(inquiries into railway accidents)".
40
Adoption (Northern Ireland) Article 69. Order 1987 (S.I. 1987/2203 (N.I. 22))
Road Traffic Act 1988 (c. 52)
Section 179.
Children Act 1989 (c. 41)
Section 81.
45
National Health Service and In Schedule 9, paragraph 18(6). Community Care Act 1990 (c. 19)
Inquiries Bill [HL]
33
Schedule 3 -- Repeals and revocations
Reference
Extent of repeal or revocation
Courts and Legal Services Act In Schedule 16, paragraph 21. 1990 (c. 41)
Further and Higher Education Section 57(9).
Act 1992 (c. 13)
5
Children (Northern Ireland) Article 152. Order 1995 (S.I. 1995/755 In Schedule 9, paragraph 80. (N.I. 2))
Police Act 1996 (c. 16)
Section 49.
Education Act 1996 (c. 56)
Section 507.
10
Police Act 1997 (c. 50)
Sections 34 and 79.
Police (Northern Ireland) Act Section 44. 1998 (c. 32)
Criminal Justice (Children) Article 58.
(Northern Ireland) Order
15
1998 (S.I. 1998/1504 (N.I. 9))
access to justice Act 1999 (c. 22) In Schedule 11, paragraph 9.
Scotland Act 1998 (Cross- In Schedule 18, paragraph 2(20).
Border public authorities)
(Adaptation of Functions
20
etc.) Order 1999 (S.I. 1999/
1747)
Health Act 1999 (Supplement- Article 2(2).
ary and Consequential
Provisions) Order 1999
25
(S.I. 1999/2795)
Powers of Criminal Courts In Schedule 9, paragraph 128. (Sentencing) Act 2000 (c. 6) In Schedule 4, paragraph 14(17).
Local Government Act 2000 In Schedule 5, paragraph 21.
(c. 22)
30
Regulation of Investigatory In section 18, the word "legal" in subsection (5)
Powers Act 2000 (c. 23)
and the word "or" preceding paragraph (b) of
subsection (7).
Scotland Act 1998 (Cross- In Schedule 2, paragraph 2(27) to (29).
Border Public Authorities)
35
(Adaptation of Functions
etc.) (No. 2) Order 2000 (S.I.
2000/3251)
Adoption and Children Act Section 17.
2002 (c. 38)
40
Railway Safety Act (Northern Section 7(1). Ireland) 2002 (c. 8 (N.I.))
Health and social care In Schedule 4, paragraph 33.
(Community Health and
Standards) Act 2003 (c. 43)
45
34
Inquiries Bill [HL]
Schedule 3 -- Repeals and revocations
Reference
Extent of repeal or revocation
Fire and Rescue Services Act Section 27. 2004 (c. 21)
Inquiries Bill [HL] A BILL To make provision about the holding of inquiries. The Lord Falconer of Thoroton Ordered to be Printed, 25th November 2004
© Parliamentary copyright House of Lords 2004 Applications for reproduction should be made in writing to the Copyright Unit, Her Majesty's Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS LONDON -- THE STATIONERY OFFICE LIMITED Printed in the United Kingdom by The Stationery Office Limited Јx.xx
(xxxxxx)53/4
xxxbarxxx

File: inquiries-bill-hl.pdf
Title: newbook.book
Author: gjl
Published: Wed Nov 24 18:54:24 2004
Pages: 40
File size: 0.27 Mb


Life on Mars, 18 pages, 1 Mb

Coping with Loneliness, 39 pages, 0.38 Mb
Copyright © 2018 doc.uments.com