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Inquiries Bill [HL]


Inquiries Bill [HL]
Schedule 2 — Minor and consequential amendments
Part 1 — Acts of Parliament

28

 

Schedule 2

Section 48

 

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]
Schedule 2 — Minor and consequential amendments
Part 1 — Acts of Parliament

29

 

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.

Police Act 1996 (c. 16)

14         

Section 49 of the Police Act 1996 (local inquiries) is omitted.

10

Education Act 1996 (c. 56)

15         

Section 507 of the Education Act 1996 (power to direct local inquiries) is

omitted.

Police Act 1997 (c. 50)

16         

In the Police Act 1997, sections 34 (National Criminal Intelligence Service:

15

inquiries) and 79 (National Crime Squad: inquiries) are omitted.

Police (Northern Ireland) Act 1998 (c. 32)

17         

Section 44 of the Police (Northern Ireland) Act 1998 (inquiries) is omitted.

Protection of Children Act 1999 (c. 14)

18         

In section 2B of the Protection of Children Act 1999 (individuals named in

20

the findings of certain inquiries), in subsection (7)(a), after “held” there is

inserted “under the Inquiries Act 2005 or”.

Care Standards Act 2000 (c. 14)

19         

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

25

inserted “under the Inquiries Act 2005 or”.

Regulation of Investigatory Powers Act 2000 (c. 23)

20    (1)  

Section 17 of the Regulation of Investigatory Powers Act 2000 (exclusion of

matters from legal proceedings) is amended as follows.

      (2)  

In subsection (1), after “legal proceedings” there is inserted “or Inquiries Act

30

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

under the Inquiries Act 2005;

35

 

 

Inquiries Bill [HL]
Schedule 2 — Minor and consequential amendments
Part 3 — Northern Ireland legislation

30

 

“intercepted communications” means”.

21    (1)  

Section 18 of that Act (exceptions to section 17) is amended as follows.

      (2)  

In subsection (5) the word “legal” is omitted.

      (3)  

In subsection (7), after paragraph (b) there is inserted “; or

(c)   

a disclosure to the panel of an inquiry held under the

5

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

(7)(c) except where it is satisfied that the exceptional circumstances

10

of the case make the disclosure essential to enable the inquiry to fulfil

its terms of reference.”

Police (Northern Ireland) Act 2000 (c. 32)

22         

In section 60 of the Police (Northern Ireland) Act 2000 (inquiry by Board

following report by Chief Constable), for subsection (14) there is

15

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

section with the substitution for references to the Department of

20

references to the person conducting the inquiry.”

Adoption and Children Act 2002 (c. 38)

23         

Section 17 of the Adoption and Children Act 2002 (inquiries) is omitted.

Fire and Rescue Services Act 2004 (c. 21)

24         

Section 27 of the Fire and Rescue Services Act 2004 (inquiries) is omitted.

25

Part 2

Acts of the Scottish Parliament

Protection of Children (Scotland) Act 2003 (asp 5)

25         

In section 6 of the Protection of Children (Scotland) Act 2003 (individuals

named in the findings of certain inquiries), in subsection (6), after paragraph

30

(a) there is inserted—

“(aa)   

an inquiry held under the Inquiries Act 2005;”.

Part 3

Northern Ireland legislation

Local Government Act (Northern Ireland) 1923 (c. 31 (N.I.))

35

26         

Section 6 of the Local Government Act (Northern Ireland) 1923 (fees for

holding inquiries) is omitted.

 

 

Inquiries Bill [HL]
Schedule 2 — Minor and consequential amendments
Part 3 — Northern Ireland legislation

31

 

Petroleum (Consolidation) Act (Northern Ireland) 1929 (c. 13 (N.I.))

27         

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))

28         

Section 7 of the Prison Act (Northern Ireland) 1953 (sworn inquiries) is

5

omitted.

Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14))

29         

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))

10

30         

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,”

15

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))

31         

In Schedule 5 to the Road Traffic (Northern Ireland) Order 1981 (provisions

20

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))

32         

In Article 4 of the Agricultural Marketing (Northern Ireland) Order 1982

25

(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))

30

33         

Article 108 of the Education and Libraries (Northern Ireland) Order 1986

(inquiries and investigations) is omitted.

Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))

34         

Article 69 of the Adoption (Northern Ireland) Order 1987 (inquiries) is

omitted.

35

 

 

Inquiries Bill [HL]
Schedule 2 — Minor and consequential amendments
Part 3 — Northern Ireland legislation

32

 

Roads (Northern Ireland) Order 1993 (S.I. 1993/3160 (N.I. 15))

35         

In Article 130 of the Road (Northern Ireland) Order 1993 (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

5

Interpretation Act (Northern Ireland) 1954”;

(b)   

for “the Interpretation Act (Northern Ireland) 1954” there is

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))

10

36         

Article 152 of the Children (Northern Ireland) Order 1995 (inquiries) is

omitted.

Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7))

37         

In Article 9 of the Commissioner for Complaints (Northern Ireland) Order

1996 (matters not subject to investigation), in paragraph (5), for the words

15

from “the subject of” to the end 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)”.

20

Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))

38         

In Article 65 of the Road Traffic Regulation (Northern Ireland) Order 1997

(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

25

Interpretation Act (Northern Ireland) 1954”;

(b)   

for “the Interpretation Act (Northern Ireland) 1954” there is

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))

30

39         

Article 58 of the Criminal Justice (Children) (Northern Ireland) Order 1998

(inquiries and investigations) is omitted.

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (S.I. 2003/417

(N.I. 4))

40         

In Articles 7 and 39 of the Protection of Children and Vulnerable Adults

35

(Northern Ireland) Order 2003 (individuals named in the findings of certain

inquiries), in paragraph (7)(a), after “held” there is inserted “under the

Inquiries Act 2005 or”.

Commissioner for Children and Young People (Northern Ireland) Order 2003 (S.I. 2003/439

(N.I. 11))

40

41         

In Article 13 of the Commissioner for Children and Young People (Northern

 

 

Inquiries Bill [HL]
Schedule 3 — Repeals and revocations

33

 

Ireland) Order 2003 (actions which may be investigated: restrictions and

exclusions), in paragraph (3), for “the subject of a local or public inquiry”

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

5

Interpretation Act (Northern Ireland) 1954 (inquiries and

investigations)”.

Schedule 3

Section 49

 

Repeals and revocations

 

Reference

Extent of repeal or revocation

 

10

 

Regulation of Railways Act

Section 7.

 
 

1871 (c. 78)

  
 

Ministry of Transport Act 1919

Section 20.

 
 

(c. 50)

  
 

Tribunals of Inquiry (Evidence)

The whole Act.

 

15

 

Act 1921 (c. 7)

  
 

Local Government Act

Section 6.

 
 

(Northern Ireland) 1923 (c. 31

  
 

(N.I.))

  
 

Petroleum (Consolidation) Act

Section 14.

 

20

 

(Northern Ireland) 1929 (c. 13

  
 

(N.I.))

  
 

Road and Rail Traffic Act 1933

Section 47.

 
 

(c. 53)

  
 

Prison Act (Northern Ireland)

Section 7.

 

25

 

1953 (c. 18 (N.I.))

  
 

Agricultural Marketing Act

Section 26(6) to (8).

 
 

1958 (c. 47)

  
 

Mental Health Act 1959 (c. 72)

Section 143.

 
 

Transport Act 1962 (c. 46)

Section 90.

 

30

 

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

 
  

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

 

35

 

Ireland) 1971 (c. 36 (N.I.))

to “; and” and the word “other”.

 
 

Health and Personal Social

Article 54.

 
 

Services (Northern Ireland)

  
 

Order 1972 (S.I. 1972/1265

  
 

(N.I. 14))

  

40

 

 

Inquiries Bill [HL]
Schedule 3 — Repeals and revocations

34

 
 

Reference

Extent of repeal or revocation

 
 

Health and Personal Social

Schedule 8.

 
 

Services (Northern Ireland)

In Schedule 16, paragraph 17.

 
 

Local Government (Modifica-

In the Schedule, the entry relating to section 6 of

 
 

tions and Repeals) Order

the Local Government Act (Northern Ireland)

 

5

 

(Northern Ireland) 1973 (S.R.

1923.

 
 

& O. 1973 No. 285)

  
 

National Health Service Act

Section 84.

 
 

1977 (c. 49)

  
 

Health and Safety at Work

In Article 16—

 

10

 

(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

 
  

Department concerned or”;

 
  

(c)   

in paragraph (5) the words “the

 

15

  

Department concerned or, as the case

 
  

may be,” and the words “that

 
  

Department or” (in both places);

 
  

(d)   

in paragraph (6) the words “The

 
  

Department concerned or, as the case

 

20

  

may be,”;

 
  

(e)   

in paragraph (6)(a), (b) and (c) the words

 
  

“that Department or”.

 
 

Public Passenger Vehicles Act

Sections 76 and 77.

 
 

1981 (c. 14)

  

25

 

Mental Health Act 1983 (c. 20)

Section 125.

 
 

Road Traffic Regulation Act

Sections 128 and 129.

 
 

1984 (c. 27)

  
 

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.

 

30

 

No. 369)

  
 

Local Government Act 1985

In Schedule 5, paragraph 4(36).

 
 

(c. 51)

  
 

Education and Libraries

Article 108.

 
 

(Northern Ireland) Order

  

35

 

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)”.

 
 

Adoption (Northern Ireland)

Article 69.

 
 

Order 1987 (S.I. 1987/2203

  

40

 

(N.I. 22))

  
 

Road Traffic Act 1988 (c. 52)

Section 179.

 
 

Children Act 1989 (c. 41)

Section 81.

 
 

National Health Service and

In Schedule 9, paragraph 18(6).

 
 

Community Care Act 1990

  

45

 

(c. 19)

  
 

 

 
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