|
| |
|
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 |
| 20 |
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 |
| |
| |
(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. |
| |
| |
| 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, |
| |
|
| |
|
| |
|
| 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 |
| |
| |
(4) | A person does not commit an offence under subsection (2) or (3) by doing |
| |
anything that he is authorised or required to do— |
| 10 |
(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 |
| |
| |
(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. |
| 25 |
36 | Enforcement by High Court or Court of Session |
| |
| |
(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 |
| |
| 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 |
| 35 |
| |
(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. |
| |
| 40 |
(1) | No action lies against— |
| |
(a) | a member of an inquiry panel, |
| |
(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. |
| |
(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 |
| |
| |
(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), |
| 10 |
| |
(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. |
| 20 |
(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; |
| 25 |
(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 |
| 30 |
(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. |
| 35 |
(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 |
| |
| 40 |
(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 |
| |
|
| |
|
| |
|
(b) | gives a notice to the chairman specifying those matters and the reasons |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
| 20 |
(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 |
| 25 |
| |
(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 |
| |
| |
| 30 |
| |
(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; |
| 35 |
(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 |
| |
(b) | make provision for review of an assessment at the instance of a person |
| |
| |
|
| |
|
| |
|
(3) | The appropriate authority is— |
| |
(a) | the Lord Chancellor, as regards inquiries for which a United Kingdom |
| |
| |
(b) | the Scottish Ministers, as regards inquiries for which they are |
| |
| 5 |
(c) | the National Assembly for Wales, as regards inquiries for which that |
| |
| |
(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 |
| |
| |
(b) | if made by the Scottish Ministers, in pursuance of a resolution of the |
| |
| 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.)). |
| |
| |
A notice or notification under this Act must be given in writing. |
| 25 |
| |
| |
“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 |
| |
| |
“event”, except in sections 13 and 46, includes any conduct or omission; |
| 35 |
“inquiry”, except where the context requires otherwise, means an inquiry |
| |
| |
“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 |
| 40 |
| |
“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; |
| |
|
| |
|
| |
|
“Minister” is to be read in accordance with section 1(2) (and see subsection |
| |
| |
“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 |
| |
| |
(a) | in the case of an inquiry for which the Treasury is responsible, |
| |
| 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 |
| |
| 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 |
| |
“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 |
| 35 |
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 |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| 35 |
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. |
| |
|
| |
|