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Inquiries Bill [HL]


Inquiries Bill [HL]

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33      

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

Northern Ireland Ministers.

(2)   

A limitation imposed by section 27(2), 28(2), 29(2) or 30(2) or (3) on the terms

5

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 27(3), 28(3) or (4), 29(3) or (4) or 30(4) or (5) on

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

10

all of the relevant Ministers.

(4)   

Subsections (6) and (7) of section 30 do not apply if at least one of the relevant

Ministers is a United Kingdom Minister.

34      

Change of responsibility for inquiry

(1)   

Each of the Ministers concerned may agree in writing that, as from a date

15

specified in the agreement (“the specified date”), one or more Ministers should

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

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accordance with the agreement;

(b)   

each of the Ministers concerned has obligations under section 39 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

25

in the agreement under this section.

(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

27(2), 28(2), 29(2) or 30(2) or (3), they are to be read subject to such

modifications as are necessary to make them comply with the limitation.

30

(5)   

In this section “the Ministers concerned” means the Ministers responsible for

the inquiry before the specified date together with any who, under the

agreement, are to become responsible for it as from that date.

Supplementary

35      

Offences

35

(1)   

A person is guilty of an offence if he fails without reasonable excuse to do

anything that he is required to do by a notice under section 21.

(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

40

that is given, produced or provided to the inquiry panel, or

(b)   

preventing any evidence, document or other thing from being given,

produced or provided to the inquiry panel,

 
 

Inquiries Bill [HL]

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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

knows or believes to be, a relevant document, or

(b)   

he intentionally alters or destroys any such document.

5

   

For the purposes of this subsection a document is a “relevant document” if it is

likely that the inquiry panel would (if aware of its existence) wish to be

provided with it.

(4)   

A person does not commit an offence under subsection (2) or (3) by doing

anything that he is authorised or required to do—

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(a)   

by the inquiry panel, or

(b)   

by virtue of section 22 or any privilege that applies.

(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—

15

(a)   

in England and Wales, only by or with the consent of the Director of

Public Prosecutions;

(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

20

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.

(8)   

“The relevant maximum” is—

(a)   

in England and Wales, 51 weeks;

(b)   

in Scotland and Northern Ireland, six months.

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36      

Enforcement by High Court or Court of Session

(1)   

Where a person—

(a)   

fails to comply with, or acts in breach of, a notice under section 19 or 21

or an order made by an inquiry, or

(b)   

threatens to do so,

30

   

the chairman of the inquiry, or after the end of the inquiry the Minister, may

certify the matter to the appropriate court.

(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

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court.

(3)   

In this section “the appropriate court” means the High Court or, in the case of

an inquiry in relation to which the relevant part of the United Kingdom is

Scotland, the Court of Session.

37      

Immunity from suit

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(1)   

No action lies against—

(a)   

a member of an inquiry panel,

(b)   

an assessor, counsel or solicitor to an inquiry, or

 
 

Inquiries Bill [HL]

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(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.

(2)   

Subsection (1) applies only to acts done or omissions made during the course

5

of the inquiry, otherwise than during any period of suspension (within the

meaning of section 13).

(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

inquiry (including the report and any interim report of the inquiry),

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and

(b)   

reports of proceedings before an inquiry,

   

as would be the case if those proceedings were proceedings before a court in

the relevant part of the United Kingdom.

38      

Time limit for applying for judicial review

15

(1)   

An application for judicial review of a decision made—

(a)   

by the Minister in relation to an inquiry, or

(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.

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(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

(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;

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(b)   

a decision of which the applicant could not have become aware until

the publication of the report.

   

In this subsection “report” includes any interim report.

(4)   

This section does not extend to Scotland.

39      

Payment of inquiry expenses by Minister

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(1)   

The Minister may agree to pay to—

(a)   

the members of the inquiry panel,

(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.

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(2)   

The Minister must pay any amounts awarded under section 40.

(3)   

The Minister must meet any other expenses incurred in holding the 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).

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(4)   

Subsection (5) applies where the Minister—

(a)   

believes that there are matters in respect of which an inquiry panel is

acting outside the inquiry’s terms of reference, or is likely to do, and

 
 

Inquiries Bill [HL]

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(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 41, the Minister is not obliged

under this section or otherwise to pay any amounts or to meet any expenses in

so far as they are referable—

5

(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.

(6)   

Within a reasonable time after the end of the inquiry the Minister must publish

10

the total amount of what he has paid (or remains liable to pay) under this

section.

40      

Expenses of witnesses etc

(1)   

The chairman may award reasonable amounts to a person—

(a)   

by way of compensation for loss of time, or

15

(b)   

in respect of expenses properly incurred, or to be incurred,

   

in attending, or otherwise in relation to, the inquiry.

(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.

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(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

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

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an award.

(4)   

The power to make an award under this section is subject to such conditions or

qualifications as may be determined by the Minister and notified by him to the

chairman.

General

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41      

Rules

(1)   

The appropriate authority may make rules dealing with—

(a)   

matters of evidence and procedure in relation to inquiries;

(b)   

the return or keeping, after the end of an inquiry, of documents given

to or created by the inquiry;

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(c)   

awards under section 40.

(2)   

Rules under subsection (1)(c) 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

undertaken by the inquiry panel or by such other person as the panel

40

may nominate;

(b)   

make provision for review of an assessment at the instance of a person

dissatisfied with it.

 
 

Inquiries Bill [HL]

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(3)   

The appropriate authority is—

(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;

5

(c)   

the National Assembly for Wales, as regards inquiries for which that

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—

10

(a)   

in the case of rules made by the Lord Chancellor, the National

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)).

15

(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.

20

(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.)).

42      

Notices etc

A notice or notification under this Act must be given in writing.

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43      

Interpretation

(1)   

In this Act—

“assessor” means an assessor appointed under section 11;

“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

30

accordance with subsection (2);

“date of conversion” has the meaning given by section 15(1);

“document” includes information recorded in any form (and see

subsection (3));

“event”, except in sections 13 and 46, includes any conduct or omission;

35

“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

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inquiry;

“interim report” means a report under section 24(3);

“joint inquiry” has the meaning given by section 32(2);

“member”, in relation to an inquiry panel, includes the chairman;

 
 

Inquiries Bill [HL]

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“Minister” is to be read in accordance with section 1(2) (and see subsection

(4) below);

“Northern Ireland Minister” includes the First Minister and the deputy

First Minister acting jointly;

“public authority” has the same meaning as in the Freedom of

5

Information Act 2000 (c. 36);

“the relevant Parliament or Assembly” means whichever of the following

is or are applicable—

(a)   

in the case of an inquiry for which the Treasury is responsible,

the House of Commons;

10

(b)   

in the case of an inquiry for which any other United Kingdom

Minister is responsible, or one for which the Secretary of State

exercising functions by virtue of section 45(2) is responsible, the

House of Parliament of which that minister is a member;

(c)   

in the case of an inquiry for which the Scottish Ministers are

15

responsible, the Scottish Parliament;

(d)   

in the case of an inquiry for which the National Assembly for

Wales is responsible, that Assembly;

(e)   

in the case of an inquiry for which a Northern Ireland Minister

is responsible, the Northern Ireland Assembly;

20

“the relevant part of the United Kingdom”, in relation to an inquiry,

means the part specified under section 31(1);

“report” means a report under section 24(1);

“responsible”, in relation to an inquiry, is to be read in accordance with

subsection (5);

25

“Scottish public authority” has the same meaning as in the Freedom of

Information (Scotland) Act 2002 (asp 13);

“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

30

Ireland legislation;

“terms of reference”, in relation to an inquiry under this Act, has the

meaning given by section 5(6);

“United Kingdom Minister”—

(a)   

means the holder of a Ministerial office specified in Part 1, 2 or

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3 of Schedule 1 to the Ministerial and other Salaries Act 1975

(c. 27) or a Parliamentary Secretary;

(b)   

also includes the Treasury.

But a reference to a United Kingdom Minister does not include a

reference to the Secretary of State discharging functions by virtue of

40

section 45(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

15) the date of conversion, and ending with the date on which the inquiry

comes to an end (which is given by section 14).

45

(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

form.

 
 

Inquiries Bill [HL]

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(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

section 1 or converted under section 15.

5

   

This is subject to section 34(2)(a).

44      

Transitory, transitional and saving provisions

(1)   

Section 15 applies whether the original inquiry was caused to be held before or

after the commencement of that section.

(2)   

For the purposes of that section, an inquiry appointed otherwise than under

10

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)

of the Criminal Justice Act 2003 (c. 44), the reference in section 35(8)(a) above

15

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 15 or by sections 46 to 49 (and Schedules

1 to 3), any power of a Minister or other person (whether under a

20

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

in respect of the inquiry, and accordingly—

25

(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.

45      

Suspension of devolved government in Northern Ireland

30

(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

discharged by the Secretary of State (and a reference to an inquiry for which a

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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

read as a requirement to consult the Secretary of State.

40

(4)   

In the case of rules under section 41 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.

 
 

 
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