|
| |
|
(4) | No rights or obligations arise under or by virtue of this Act before the date of |
| |
| |
| |
17 | Evidence and procedure |
| |
(1) | Subject to any provision of this Act or of rules under section 41, the procedure |
| 5 |
and conduct of an inquiry are to be such as the chairman of the inquiry may |
| |
| |
(2) | In particular, the chairman may take evidence on oath, and for that purpose |
| |
| |
(3) | In making any decision as to the procedure or conduct of an inquiry, the |
| 10 |
chairman must act with fairness and with regard also to the need to avoid any |
| |
unnecessary cost (whether to public funds or to witnesses or others). |
| |
18 | Public access to inquiry proceedings and information |
| |
(1) | Subject to any restrictions imposed by a notice or order under section 19, the |
| |
chairman must take such steps as he considers reasonable to secure that |
| 15 |
members of the public (including reporters) are able— |
| |
(a) | to attend the inquiry or to see and hear a simultaneous transmission of |
| |
proceedings at the inquiry; |
| |
(b) | to obtain or to view a record of evidence and documents given, |
| |
produced or provided to the inquiry or inquiry panel. |
| 20 |
(2) | No recording or broadcast of proceedings at an inquiry may be made except— |
| |
(a) | at the request of the chairman, or |
| |
(b) | with the permission of the chairman and in accordance with any terms |
| |
on which permission is given. |
| |
| Any such request or permission must be framed so as not to enable a person to |
| 25 |
see or hear by means of a recording or broadcast anything that he is prohibited |
| |
by a notice under section 19 from seeing or hearing. |
| |
(3) | Section 32(2) of the Freedom of Information Act 2000 (c. 36) (certain inquiry |
| |
records etc exempt from obligations under that Act) does not apply in relation |
| |
to information contained in documents that, in pursuance of rules under |
| 30 |
section 41(1)(b) below, have been passed to and are held by a public authority. |
| |
(4) | Section 37(1)(b) of the Freedom of Information (Scotland) Act 2002 (asp 13) |
| |
(certain inquiry records etc exempt from obligations under that Act) does not |
| |
apply in relation to information contained in documents that, in pursuance of |
| |
rules under section 41(1)(b) below, have been passed to and are held by a |
| 35 |
Scottish public authority. |
| |
19 | Restrictions on public access etc |
| |
(1) | Restrictions may, in accordance with this section, be imposed on— |
| |
(a) | attendance at an inquiry, or at any particular part of an inquiry; |
| |
(b) | disclosure or publication of any evidence or documents given, |
| 40 |
produced or provided to an inquiry. |
| |
(2) | Restrictions may be imposed in either or both of the following ways— |
| |
|
| |
|
| |
|
(a) | by being specified in a notice (a “restriction notice”) given by the |
| |
Minister to the chairman at any time before the end of the inquiry; |
| |
(b) | by being specified in an order (a “restriction order”) made by the |
| |
chairman during the course of the inquiry. |
| |
(3) | A restriction notice or restriction order must specify only such restrictions— |
| 5 |
(a) | as are required by any statutory provision, enforceable Community |
| |
obligation or rule of law, or |
| |
(b) | as the Minister or chairman considers to be conducive to the inquiry |
| |
fulfilling its terms of reference or to be necessary in the public interest, |
| |
having regard in particular to the matters mentioned in subsection (4). |
| 10 |
| |
(a) | the extent to which any restriction on attendance, disclosure or |
| |
publication might inhibit the allaying of public concern; |
| |
(b) | any risk of harm or damage that could be avoided or reduced by any |
| |
| 15 |
(c) | any conditions as to confidentiality subject to which a person acquired |
| |
information that he is to give, or has given, to the inquiry; |
| |
(d) | the extent to which not imposing any particular restriction would be |
| |
| |
(i) | to cause delay or to impair the efficiency or effectiveness of the |
| 20 |
| |
(ii) | otherwise to result in additional cost (whether to public funds |
| |
or to witnesses or others). |
| |
(5) | In subsection (4)(b) “harm or damage” includes in particular— |
| |
| 25 |
(b) | damage to national security or international relations; |
| |
(c) | damage to the economic interests of the United Kingdom or of any part |
| |
| |
(d) | damage caused by disclosure of commercially sensitive information. |
| |
20 | Further provisions about restriction notices and orders |
| 30 |
(1) | Restrictions specified in a restriction notice have effect in addition to any |
| |
already specified, whether in an earlier restriction notice or in a restriction |
| |
| |
(2) | Restrictions specified in a restriction order have effect in addition to any |
| |
already specified, whether in an earlier restriction order or in a restriction |
| 35 |
| |
(3) | The Minister may vary or revoke a restriction notice by giving a further notice |
| |
to the chairman at any time before the end of the inquiry. |
| |
(4) | The chairman may vary or revoke a restriction order by making a further order |
| |
during the course of the inquiry. |
| 40 |
(5) | Restrictions imposed under section 19 on disclosure or publication of evidence |
| |
or documents (“disclosure restrictions”) continue in force indefinitely, |
| |
| |
(a) | under the terms of the relevant notice or order the restrictions expire at |
| |
the end of the inquiry, or at some other time, or |
| 45 |
|
| |
|
| |
|
(b) | the relevant notice or order is varied or revoked under subsection (3), |
| |
| |
| This is subject to subsection (6). |
| |
(6) | After the end of the inquiry, disclosure restrictions do not apply to a public |
| |
authority, or a Scottish public authority, in relation to information held by the |
| 5 |
authority otherwise than as a result of the breach of any such restrictions. |
| |
(7) | After the end of an inquiry the Minister may, by a notice published in a way |
| |
that he considers suitable— |
| |
(a) | revoke a restriction order or restriction notice containing disclosure |
| |
restrictions that are still in force, or |
| 10 |
(b) | vary it so as to remove or relax any of the restrictions. |
| |
(8) | In this section “restriction notice” and “restriction order” have the meaning |
| |
| |
21 | Powers of chairman to require production of evidence etc |
| |
(1) | The chairman of an inquiry may by notice require a person to attend at a time |
| 15 |
and place stated in the notice— |
| |
| |
(b) | to produce any documents in his custody or under his control that |
| |
relate to a matter in question at the inquiry; |
| |
(c) | to produce any other thing in his custody or under his control for |
| 20 |
inspection, examination or testing by or on behalf of the inquiry panel. |
| |
(2) | The chairman may by notice require a person, within such period as appears |
| |
to the inquiry panel to be reasonable— |
| |
(a) | to provide evidence to the inquiry panel in the form of a written |
| |
| 25 |
(b) | to provide any documents in his custody or under his control that relate |
| |
to a matter in question at the inquiry; |
| |
(c) | to produce any other thing in his custody or under his control for |
| |
inspection, examination or testing by or on behalf of the inquiry panel. |
| |
(3) | A notice under subsection (1) or (2) must— |
| 30 |
(a) | explain the possible consequences of not complying with the notice; |
| |
(b) | indicate what the recipient of the notice should do if he wishes to make |
| |
a claim within subsection (4). |
| |
(4) | A claim by a person that— |
| |
(a) | he is unable to comply with a notice under this section, or |
| 35 |
(b) | it is not reasonable in all the circumstances to require him to comply |
| |
| |
| is to be determined by the chairman of the inquiry, who may revoke or vary |
| |
the notice on that ground. |
| |
(5) | In deciding whether to revoke or vary a notice on the ground mentioned in |
| 40 |
subsection (4)(b), the chairman must consider the public interest in the |
| |
information in question being obtained by the inquiry, having regard to the |
| |
likely importance of the information. |
| |
(6) | For the purposes of this section a thing is under a person’s control if it is in his |
| |
possession or if he has a right to possession of it. |
| 45 |
|
| |
|
| |
|
22 | Privileged information etc |
| |
(1) | A person may not under section 21 be required to give, produce or provide any |
| |
| |
(a) | he could not be required to do so if the proceedings of the inquiry were |
| |
civil proceedings in a court in the relevant part of the United Kingdom, |
| 5 |
| |
(b) | the requirement would be incompatible with a Community obligation. |
| |
(2) | The rules of law under which evidence or documents are permitted or required |
| |
to be withheld on grounds of public interest immunity apply in relation to an |
| |
inquiry as they apply in relation to civil proceedings in a court in the relevant |
| 10 |
part of the United Kingdom. |
| |
23 | Risk of damage to the economy |
| |
(1) | This section applies where it is submitted to an inquiry panel, on behalf of the |
| |
Crown, the Financial Services Authority or the Bank of England, that there is |
| |
information held by any person which, in order to avoid a risk of damage to |
| 15 |
the economy, ought not to be revealed. |
| |
(2) | The panel must not permit or require the information to be revealed, or cause |
| |
it to be revealed, unless satisfied that the public interest in the information |
| |
being revealed outweighs the public interest in avoiding a risk of damage to |
| |
| 20 |
(3) | In making a decision under this section the panel must take account of any |
| |
restriction notice given under section 19 or any restriction order that the |
| |
chairman has made or proposes to make under that section. |
| |
| |
“damage to the economy” means damage to the economic interests of the |
| 25 |
United Kingdom or of any part of the United Kingdom; |
| |
“revealed” means revealed to anyone who is not a member of the inquiry |
| |
| |
(5) | This section does not prevent the inquiry panel from communicating any |
| |
information in confidence to the Minister. |
| 30 |
(6) | This section does not affect the rules of law referred to in section 22(2). |
| |
| |
| |
(1) | The chairman of an inquiry must deliver a report to the Minister setting out— |
| |
(a) | the facts determined by the inquiry panel; |
| 35 |
(b) | the recommendations of the panel (where the terms of reference |
| |
required it to make recommendations). |
| |
| The report may also contain anything else that the panel considers to be |
| |
relevant to the terms of reference (including any recommendations the panel |
| |
sees fit to make despite not being required to do so by the terms of reference). |
| 40 |
(2) | In relation to an inquiry that is brought to an end under section 14(1)(b), the |
| |
duty imposed by subsection (1) to deliver a report is to be read as a power to |
| |
| |
|
| |
|
| |
|
(3) | Before making a report under subsection (1) the chairman may deliver to the |
| |
Minister a report under this subsection (an “interim report”) containing |
| |
anything that a report under subsection (1) may contain. |
| |
(4) | A report of an inquiry must be signed by each member of the inquiry panel. |
| |
(5) | If the inquiry panel is unable to produce a unanimous report, the report must |
| 5 |
reasonably reflect the points of disagreement. |
| |
(6) | In subsections (4) and (5) “report” includes an interim report. |
| |
25 | Publication of reports |
| |
(1) | It is the duty of the Minister, or the chairman if subsection (2) applies, to |
| |
arrange for reports of an inquiry to be published. |
| 10 |
(2) | This subsection applies if— |
| |
(a) | the Minister notifies the chairman before the setting-up date that the |
| |
chairman is to have responsibility for arranging publication, or |
| |
(b) | at any time after that date the chairman, on being invited to do so by the |
| |
Minister, accepts responsibility for arranging publication. |
| 15 |
(3) | Subject to subsection (4), a report of an inquiry must be published in full. |
| |
(4) | The person whose duty it is to arrange for a report to be published may |
| |
withhold material in the report from publication to such extent— |
| |
(a) | as is required by any statutory provision, enforceable Community |
| |
obligation or rule of law, or |
| 20 |
(b) | as the person considers to be necessary in the public interest, having |
| |
regard in particular to the matters mentioned in subsection (5). |
| |
| |
(a) | the extent to which withholding material might inhibit the allaying of |
| |
| 25 |
(b) | any risk of harm or damage that could be avoided or reduced by |
| |
withholding any material; |
| |
(c) | any conditions as to confidentiality subject to which a person acquired |
| |
information that he has given to the inquiry. |
| |
(6) | In subsection (5)(b) “harm or damage” includes in particular— |
| 30 |
| |
(b) | damage to national security or international relations; |
| |
(c) | damage to the economic interests of the United Kingdom or of any part |
| |
| |
(d) | damage caused by disclosure of commercially sensitive information. |
| 35 |
(7) | Subsection (4)(b) does not affect any obligation of the Minister, or any other |
| |
public authority or Scottish public authority, that may arise under the Freedom |
| |
of Information Act 2000 (c. 36) or the Freedom of Information (Scotland) Act |
| |
| |
(8) | In this section “report” includes an interim report. |
| 40 |
|
| |
|