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Inquiries Bill [HL]

Inquiries Bill [HL]



Amendments etc


Inquiries under the Financial Services and Markets Act 2000


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.


In subsection (2)(b)(i), after “by this Act” there is inserted “, or by any previous


statutory provision,”.


In subsection (3)(b), for the words after “but for a serious failure” there is

substituted “in—


the regulatory system established by Part 6 or by any

previous statutory provision concerned with the official


listing of securities; or


the operation of that system.”


After subsection (5) there is inserted—


“Event” does not include any event occurring before 1st December 2001

(but no such limitation applies to the reference in subsection (4) to


surrounding circumstances).”


Inquiries etc under Northern Ireland legislation


For section 23 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))

(inquiries and investigations) there is substituted—


Inquiries and investigations


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—


after the commencement of this Act, and



before the commencement of section 47 of the Inquiries Act



The Schedule set out in Schedule 1 to this Act is inserted into that Act as

Schedule A1.


Minor and consequential amendments



Schedule 2 (minor and consequential amendments) has effect.


In Schedule 1 to the National Assembly for Wales (Transfer of Functions)

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.


Repeals and revocations



The Tribunals of Inquiry (Evidence) Act 1921 (c. 7) is repealed.


The provisions set out in Schedule 3 are repealed or revoked to the extent



Inquiries Bill [HL]



Final provisions


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

the Duke of Cornwall).





The preceding provisions of this Act come into force on such day as the Lord

Chancellor may appoint by order made by statutory instrument.


Before making an order under this section the Lord Chancellor must consult

the Scottish Ministers, the National Assembly for Wales and the First Minister


and deputy First Minister.


An order under this section—


may include  any transitory, transitional or saving provision that the

Secretary of State considers necessary or expedient;


may appoint different days for different purposes.




This Act extends to the whole of the United Kingdom.


Short title

This Act may be cited as the Inquiries Act 2005.



Inquiries Bill [HL]
Schedule 1 — Provisions applicable to inquiries etc under Northern Ireland legislation



Schedule 1

Section 47


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.))—


“Schedule A1

Provisions applicable to inquiries and investigations



In this Schedule—


“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.


Appointment of person to hold inquiry


The Department shall appoint a person to hold the inquiry and to

report thereon to the Department.

Notification of time and place of inquiry


Notification shall be sent to any persons appearing to the


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


hold the inquiry may by notice require any person—


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



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]
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.


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


tendered to him.


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


answer if the inquiry were a proceeding in a court of law.

Oaths and statements


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





Any person who—


refuses or wilfully neglects to attend in obedience to a

notice under paragraph 4, or to give evidence; or



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


refuses or deliberately neglects to furnish any information

which he is required to furnish under paragraph 4(1)(b);



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.


7     (1)  

The expenses incurred by the Department in relation to the


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.



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.


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


rule of the High Court.”



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