Inquiries Bill [HL]

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Inquiries Bill [HL]

Inquiries Bill [HL]
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Amendments etc
46
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
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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
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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
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surrounding circumstances).”
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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
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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
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(b)
before the commencement of section 47 of the Inquiries Act
2005.”
(2)
The Schedule set out in Schedule 1 to this Act is inserted into that Act as
Schedule A1.
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Minor and consequential amendments
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(1)
Schedule 2 (minor and consequential amendments) has effect.
(2)
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.
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Repeals and revocations
35
(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
specified.

Inquiries Bill [HL]
25

Final provisions
50
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).
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51
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
the Scottish Ministers, the National Assembly for Wales and the First Minister
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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;
(b)
may appoint different days for different purposes.
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52
Extent
This Act extends to the whole of the United Kingdom.
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Short title
This Act may be cited as the Inquiries Act 2005.

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

Schedules
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.))—
5
“Schedule A1
Provisions applicable to inquiries and investigations
Introductory
1
In this Schedule—
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“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.
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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
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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
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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
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(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]
Schedule 1 — Provisions applicable to inquiries etc under Northern Ireland legislation
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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
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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
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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
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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
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(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);
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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
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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.
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      (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
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rule of the High Court.”