Inquiries Bill [HL]

House of Commons

Session 2004 - 05
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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)