Office of Public Sector Information
(1) The Minister may agree to pay to—
(a) the members of the inquiry panel,
(b) any assessor, counsel or solicitor to the inquiry, and
(c) any person engaged to provide assistance to the inquiry,
such remuneration and expenses as the Minister may determine.
(2) The Minister must pay any amounts awarded under section 40.
(3) The Minister must meet any other expenses incurred in holding the inquiry, including the cost of publication of the report and any interim report of the inquiry (whether or not the chairman has responsibility for arranging publication).
(4) Subsection (5) applies where the Minister—
(a) believes that there are matters in respect of which an inquiry panel is acting outside the inquiry’s terms of reference, or is likely to do, and
(b) gives a notice to the chairman specifying those matters and the reasons for his belief.
(5) Subject to provision made by rules under section 41, the Minister is not obliged under this section or otherwise to pay any amounts or to meet any expenses in so far as they are referable—
(a) to any matters certified by the Minister, in accordance with such provision, to be outside the inquiry’s terms of reference, and
(b) to any period falling after the date on which the notice under subsection (4) was given.
(6) Within a reasonable time after the end of the inquiry the Minister must publish the total amount of what he has paid (or remains liable to pay) under this section.
(1) The chairman may award reasonable amounts to a person—
(a) by way of compensation for loss of time, or
(b) in respect of expenses properly incurred, or to be incurred,
in attending, or otherwise in relation to, the inquiry.
(2) The power to make an award under this section includes power, where the chairman considers it appropriate, to award amounts in respect of legal representation.
(3) A person is eligible for an award under this section only if he is—
(a) a person attending the inquiry to give evidence or to produce any document or other thing, or
(b) a person who, in the opinion of the chairman, has such a particular interest in the proceedings or outcome of the inquiry as to justify such an award.
(4) The power to make an award under this section is subject to such conditions or qualifications as may be determined by the Minister and notified by him to the chairman.
(1) The appropriate authority may make rules dealing with—
(a) matters of evidence and procedure in relation to inquiries;
(b) the return or keeping, after the end of an inquiry, of documents given to or created by the inquiry;
(c) awards under section 40.
(2) Rules under subsection (1)(c) may in particular—
(a) make provision as to how and by whom the amount of awards is to be assessed, including provision allowing the assessment to be undertaken by the inquiry panel or by such other person as the panel may nominate;
(b) make provision for review of an assessment at the instance of a person dissatisfied with it.
(3) The appropriate authority is—
(a) the Lord Chancellor, as regards inquiries for which a United Kingdom Minister is responsible;
(b) the Scottish Ministers, as regards inquiries for which they are responsible;
(c) the National Assembly for Wales, as regards inquiries for which that Assembly is responsible;
(d) the First Minister and deputy First Minister acting jointly, as regards inquiries for which a Northern Ireland Minister is responsible.
(4) The power to make rules under this section is exercisable—
(a) in the case of rules made by the Lord Chancellor, the National Assembly for Wales or the Scottish Ministers, by statutory instrument;
(b) in the case of rules made by the First Minister and deputy First Minister, by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(5) A statutory instrument made under this section is subject to annulment—
(a) if made by the Lord Chancellor, in pursuance of a resolution of either House of Parliament;
(b) if made by the Scottish Ministers, in pursuance of a resolution of the Scottish Parliament.
(6) A statutory rule made under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
A notice or notification under this Act must be given in writing.
(1) In this Act—
“assessor” means an assessor appointed under section 11;
“chairman”, in relation to an inquiry, means the chairman of the inquiry;
“the course of the inquiry” and similar expressions are to be read in accordance with subsection (2);
“date of conversion” has the meaning given by section 15(1);
“document” includes information recorded in any form (and see subsection (3));
“event”, except in sections 13 and 46, includes any conduct or omission;
“inquiry”, except where the context requires otherwise, means an inquiry under this Act;
“inquiry panel” is to be read in accordance with section 3(2);
“interested party”, in relation to an inquiry, means a person with a particularly significant interest in the proceedings or outcome of the inquiry;
“interim report” means a report under section 24(3);
“joint inquiry” has the meaning given by section 32(2);
“member”, in relation to an inquiry panel, includes the chairman;
“Minister” is to be read in accordance with section 1(2) (and see subsection (4) below);
“Northern Ireland Minister” includes the First Minister and the deputy First Minister acting jointly;
“public authority” has the same meaning as in the Freedom of Information Act 2000 (c. 36);
“the relevant Parliament or Assembly” means whichever of the following is or are applicable—
in the case of an inquiry for which the Treasury is responsible, the House of Commons;
in the case of an inquiry for which any other United Kingdom Minister is responsible, or one for which the Secretary of State exercising functions by virtue of section 45(2) is responsible, the House of Parliament of which that minister is a member;
in the case of an inquiry for which the Scottish Ministers are responsible, the Scottish Parliament;
in the case of an inquiry for which the National Assembly for Wales is responsible, that Assembly;
in the case of an inquiry for which a Northern Ireland Minister is responsible, the Northern Ireland Assembly;
“the relevant part of the United Kingdom”, in relation to an inquiry, means the part specified under section 31(1);
“report” means a report under section 24(1);
“responsible”, in relation to an inquiry, is to be read in accordance with subsection (5);
“Scottish public authority” has the same meaning as in the Freedom of Information (Scotland) Act 2002 (asp 13);
“setting-up date” means the date specified under section 5(1)(a);
“statutory provision” means a provision contained in, or having effect under, any enactment, Act of the Scottish Parliament or Northern Ireland legislation;
“terms of reference”, in relation to an inquiry under this Act, has the meaning given by section 5(6);
“United Kingdom Minister”—
means the holder of a Ministerial office specified in Part 1, 2 or 3 of Schedule 1 to the Ministerial and other Salaries Act 1975 (c. 27) or a Parliamentary Secretary;
also includes the Treasury.
But a reference to a United Kingdom Minister does not include a reference to the Secretary of State discharging functions by virtue of section 45(2).
(2) References in this Act to the course of an inquiry are to the period beginning with the setting-up date, or (in the case of an inquiry converted under section 15) the date of conversion, and ending with the date on which the inquiry comes to an end (which is given by section 14).
(3) References in this Act to producing or providing a document, in relation to information recorded otherwise than in legible form, are to be read as references to producing or providing a copy of the information in a legible form.
(4) References in this Act to “the Minister”, in relation to an inquiry, are to the Minister or Ministers responsible for the inquiry.
(5) For the purposes of this Act a Minister is “responsible” for an inquiry if he is the Minister, or one of the Ministers, by whom it was caused to be held under section 1 or converted under section 15.
This is subject to section 34(2)(a).
(1) Section 15 applies whether the original inquiry was caused to be held before or after the commencement of that section.
(2) For the purposes of that section, an inquiry appointed otherwise than under this Act includes a tribunal of inquiry appointed in pursuance of resolutions of both Houses of Parliament under section 1 of the Tribunals of Inquiry (Evidence) Act 1921 (c. 7).
(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in section 35(8)(a) above to 51 weeks is to be read as a reference to six months.
(4) This Act does not affect—
(a) any power of Her Majesty to establish a Royal Commission, or
(b) except as provided by section 15 or by sections 46 to 49 (and Schedules 1 to 3), any power of a Minister or other person (whether under a statutory provision or otherwise) to cause an inquiry to be held otherwise than under this Act.
(5) The repeal by this Act of any statutory provision under which an inquiry has been caused to be held does not affect any power or duty conferred or imposed in respect of the inquiry, and accordingly—
(a) the inquiry may continue,
(b) any report may be submitted and published, and
(c) any proceedings arising out of the inquiry may be taken or continued,
as if the enactment had not been repealed.
(1) This section applies in relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) (suspension of devolved government in Northern Ireland) is in force.
(2) Functions conferred by this Act on a Northern Ireland Minister may be discharged by the Secretary of State (and a reference to an inquiry for which a Northern Ireland Minister is responsible is to be read accordingly).
In relation to such functions, this subsection applies in place of paragraph 4(1)(a) to (c) of the Schedule to the Northern Ireland Act 2000.
(3) A requirement under this Act to consult any Northern Ireland Minister is to be read as a requirement to consult the Secretary of State.
(4) In the case of rules under section 41 made by the Secretary of State by virtue of subsection (3)(d) of that section and subsection (2) above, subsections (4)(a) and (5)(a) of that section apply in relation to the Secretary of State as they apply in relation to the Lord Chancellor.
(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 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 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 surrounding circumstances).”
(1) For section 23 of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (inquiries and investigations) there is substituted—
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
(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.
(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.
(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.
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).
(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 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.
This Act extends to the whole of the United Kingdom.
This Act may be cited as the Inquiries Act 2005.
Inquiries Act 2005