Office of Public Sector Information
(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, 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—
(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).
(4) Those matters are—
(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 such restriction;
(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 likely—
(i) to cause delay or to impair the efficiency or effectiveness of the inquiry, or
(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—
(a) death or injury;
(b) damage to national security or international relations;
(c) damage to the economic interests of the United Kingdom or of any part of the United Kingdom;
(d) damage caused by disclosure of commercially sensitive information.
(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 order.
(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 notice.
(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.
(5) Restrictions imposed under section 19 on disclosure or publication of evidence or documents (“disclosure restrictions”) continue in force indefinitely, unless—
(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
(b) the relevant notice or order is varied or revoked under subsection (3), (4) or (7).
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 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
(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 given by section 19(2).
(1) The chairman of an inquiry may by notice require a person to attend at a time and place stated in the notice—
(a) to give evidence;
(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 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 statement;
(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—
(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
(b) it is not reasonable in all the circumstances to require him to comply with such a notice,
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 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.
(1) A person may not under section 21 be required to give, produce or provide any evidence or document if—
(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, or
(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 part of the United Kingdom.
(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 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 the economy.
(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.
(4) In this section—
“damage to the economy” means damage to the economic interests of the United Kingdom or of any part of the United Kingdom;
“revealed” means revealed to anyone who is not a member of the inquiry panel.
(5) This section does not prevent the inquiry panel from communicating any information in confidence to the Minister.
(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;
(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).
(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 do so.
(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 reasonably reflect the points of disagreement.
(6) In subsections (4) and (5) “report” includes an interim report.
(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.
(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.
(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
(b) as the person considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (5).
(5) Those matters are—
(a) the extent to which withholding material might inhibit the allaying of public concern;
(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—
(a) death or injury;
(b) damage to national security or international relations;
(c) damage to the economic interests of the United Kingdom or of any part of the United Kingdom;
(d) damage caused by disclosure of commercially sensitive information.
(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 2002 (asp 13).
(8) In this section “report” includes an interim report.
Whatever is required to be published under section 25 must be laid by the Minister, either at the time of publication or as soon afterwards as is reasonably practicable, before the relevant Parliament or Assembly.
(1) This section applies to an inquiry for which a United Kingdom Minister is responsible.
(2) The Minister may not, without first consulting the relevant administration, include in the terms of reference anything that would require the inquiry—
(a) to determine any fact that is wholly or primarily concerned with a Scottish matter or a Welsh matter;
(b) to determine any fact that is wholly or primarily concerned with a matter which is, and was at the relevant time, a transferred Northern Ireland matter;
(c) to make any recommendation that is wholly or primarily concerned with a Scottish matter, a Welsh matter or a transferred Northern Ireland matter.
(3) Unless the Minister gives written permission to the chairman, the powers conferred by section 21 are not exercisable—
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with—
(i) a Scottish matter or a Welsh matter, or
(ii) a matter which is, and was at the relevant time, a Northern Ireland matter;
(b) so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of the Scottish Ministers, the National Assembly for Wales or a Northern Ireland Minister.
(4) Before granting permission under subsection (3) the Minister must consult the relevant administration.
(5) Permission under subsection (3) may be granted subject to such conditions or qualifications as the Minister may specify.
(6) Permission under subsection (3) is not required for the exercise of powers in circumstances in which subsection (6) of section 30 would prevent the powers from being exercised in the case of an inquiry to which that section applies.
(7) In this section—
“Northern Ireland matter” means—
a transferred Northern Ireland matter, or
a matter falling within section 44(2)(b) of the Northern Ireland Act 1998 (c. 47) (matters in relation to which statutory functions are exercisable by Northern Ireland Ministers etc);
“the relevant administration” means whichever of the following the case requires—
the Scottish Ministers;
the National Assembly for Wales;
such one or more Northern Ireland Ministers as appear to the Minister to be appropriate;
“the relevant time” means the time when the fact or event in question occurred (or is alleged to have occurred);
“Scottish matter” means a matter that relates to Scotland and is not a reserved matter within the meaning of the Scotland Act 1998 (c. 46);
“transferred Northern Ireland matter” means a matter that relates to Northern Ireland and is a transferred matter within the meaning of the Northern Ireland Act 1998 (c. 47) (or, in relation to any time when Part 1 of the Northern Ireland Constitution Act 1973 (c. 36) was in force, within the meaning of that Act);
“Welsh matter” means a matter in relation to which the National Assembly for Wales has functions.
(1) This section applies to an inquiry for which the Scottish Ministers are responsible.
(2) The terms of reference of the inquiry must not require it to determine any fact or to make any recommendation that is not wholly or primarily concerned with a Scottish matter.
(3) The powers conferred by section 21 are exercisable only—
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with a Scottish matter, or
(b) for the purpose of inquiring into something that is wholly or primarily a Scottish matter.
(4) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom, the National Assembly for Wales or a Northern Ireland Minister.
(5) In this section “Scottish matter” means a matter that relates to Scotland and is not a reserved matter (within the meaning of the Scotland Act 1998).
(1) This section applies to an inquiry for which the National Assembly for Wales is responsible.
(2) The terms of reference of the inquiry must not require it to determine any fact or to make any recommendation that is not wholly or primarily concerned with a Welsh matter.
(3) The powers conferred by section 21 are exercisable only—
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with a Welsh matter, or
(b) for the purpose of inquiring into something that is wholly or primarily a Welsh matter.
(4) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom, the Scottish Ministers or a Northern Ireland Minister.
(5) In this section “Welsh matter” means a matter in relation to which the National Assembly for Wales has functions.
(1) This section applies to an inquiry for which a Northern Ireland Minister is responsible.
(2) The terms of reference of the inquiry must not require it—
(a) to determine any fact that is not wholly or primarily concerned with a matter which is, and was at the relevant time, a Northern Ireland matter, or
(b) to make any recommendation that is not wholly or primarily concerned with a Northern Ireland matter.
(3) The Minister may not, without the consent of the Secretary of State, include in the terms of reference anything that would require the inquiry to inquire into events occurring—
(a) before 2nd December 1999 (the “appointed day” for the purposes of the Northern Ireland Act 1998 (c. 47)), or
(b) during a period when section 1 of the Northern Ireland Act 2000 (c. 1) is in force (suspension of devolved government in Northern Ireland).
(4) The powers conferred by section 21 are exercisable only—
(a) in respect of evidence, documents or other things that are wholly or primarily concerned with a matter which is, and was at the relevant time, a Northern Ireland matter, or
(b) for the purpose of inquiring into something that is, and was at the relevant time, wholly or primarily a Northern Ireland matter.
(5) Those powers are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of Her Majesty’s Government in the United Kingdom, the Scottish Ministers or the National Assembly for Wales.
(6) Powers conferred by section 21 that would not be exercisable but for subsection (8)(b) below are not exercisable in circumstances in which subsection (3), (4) or (5) of section 44 of the Northern Ireland Act 1998 (power of Assembly to call for witnesses and documents) would prevent the power in subsection (1) of that section from being exercised.
(7) The inquiry must not consider evidence or make recommendations about any matter falling within paragraph 17 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters: national security etc).
(8) In this section “Northern Ireland matter” means—
(a) a matter that relates to Northern Ireland and is a transferred matter within the meaning of the Northern Ireland Act 1998 (or, in relation to any time when Part 1 of the Northern Ireland Constitution Act 1973 (c. 36) was in force, within the meaning of that Act), or
(b) a matter falling within section 44(2)(b) of the Northern Ireland Act 1998 (matters in relation to which statutory functions are exercisable by Northern Ireland Ministers etc).
(9) In this section “the relevant time” means the time when the fact or event in question occurred (or is alleged to have occurred).
(1) The Minister responsible for an inquiry must specify whether the relevant part of the United Kingdom in relation to the inquiry is—
(a) England and Wales,
(b) Scotland, or
(c) Northern Ireland.
(2) The Ministers responsible for an inquiry that—
(a) is one to which section 33 applies, and
(b) would (but for this subsection) be subject to more than one set of rules,
must specify which of those sets, or what combination of rules from more than one of those sets, is to apply.
(3) In subsection (2) “set of rules” means the rules made by virtue of a particular paragraph of section 41(3).
(4) If in the case of an inquiry (other than one to which section 33 applies) for which a United Kingdom Minister is responsible—
(a) the Minister specifies that the relevant part of the United Kingdom is Scotland,
(b) the Minister specifies that the relevant part of the United Kingdom is England and Wales, and the inquiry is expected to be held wholly or partly in Wales, or
(c) the Minister specifies that the relevant part of the United Kingdom is Northern Ireland,
he may if he thinks fit specify that some or all of the rules that are to apply are rules made by virtue of paragraph (b), (c) or (d) (as appropriate) of section 41(3).
(5) The relevant part of the United Kingdom and, where subsection (2) or (4) applies, the applicable rules must be specified no later than the setting-up date or, as the case may be, the date of conversion.
(1) The power under section 1 to cause an inquiry to be held, or to convert an inquiry under section 15, is exercisable by two or more Ministers acting jointly.
(2) In this Act “joint inquiry” means an inquiry for which by virtue of this section, or section 34, two or more Ministers are responsible.
(3) In the case of a joint inquiry—
(a) powers conferred on a Minister by any provision of this Act (except section 41) are exercisable by the Ministers in question acting jointly;
(b) duties imposed by this Act on a Minister are joint duties of those Ministers.
(4) Subsection (3)(b), so far as relating to obligations under section 39, is subject to any different arrangements that may be agreed by the Ministers in question.
(1) This section applies to a joint inquiry for which the Ministers responsible (“the relevant Ministers”) are not all United Kingdom Ministers and are not all Northern Ireland Ministers.
(2) A limitation imposed by section 27(2), 28(2), 29(2) or 30(2) or (3) on the terms of reference of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.
(3) A limitation imposed by section 27(3), 28(3) or (4), 29(3) or (4) or 30(4) or (5) on the powers conferred on the chairman of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.
(4) Subsections (6) and (7) of section 30 do not apply if at least one of the relevant Ministers is a United Kingdom Minister.
(1) Each of the Ministers concerned may agree in writing that, as from a date specified in the agreement (“the specified date”), one or more Ministers should become, or cease to be, responsible for an inquiry.
(2) Where an agreement is made under this section—
(a) in relation to any time on or after the specified date, references in this Act to the Minister responsible for the inquiry are to be read in accordance with the agreement;
(b) each of the Ministers concerned has obligations under section 39 only in relation to the period when that Minister was or is responsible for the inquiry.
(3) Subsection (2)(b) is subject to any different arrangements that may be specified in the agreement under this section.
(4) Where as a result of an agreement under this section the terms of reference of the inquiry fail to comply with an applicable limitation imposed by section 27(2), 28(2), 29(2) or 30(2) or (3), they are to be read subject to such modifications as are necessary to make them comply with the limitation.
(5) In this section “the Ministers concerned” means the Ministers responsible for the inquiry before the specified date together with any who, under the agreement, are to become responsible for it as from that date.
(1) A person is guilty of an offence if he fails without reasonable excuse to do anything that he is required to do by a notice under section 21.
(2) A person is guilty of an offence if during the course of an inquiry he does anything that is intended to have the effect of—
(a) distorting or otherwise altering any evidence, document or other thing that is given, produced or provided to the inquiry panel, or
(b) preventing any evidence, document or other thing from being given, produced or provided to the inquiry panel,
or anything that he knows or believes is likely to have that effect.
(3) A person is guilty of an offence if during the course of an inquiry—
(a) he intentionally suppresses or conceals a document that is, and that he knows or believes to be, a relevant document, or
(b) he intentionally alters or destroys any such document.
For the purposes of this subsection a document is a “relevant document” if it is likely that the inquiry panel would (if aware of its existence) wish to be provided with it.
(4) A person does not commit an offence under subsection (2) or (3) by doing anything that he is authorised or required to do—
(a) by the inquiry panel, or
(b) by virtue of section 22 or any privilege that applies.
(5) Proceedings in England and Wales or in Northern Ireland for an offence under subsection (1) may be instituted only by the chairman.
(6) Proceedings for an offence under subsection (2) or (3) may be instituted—
(a) in England and Wales, only by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(7) A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level three on the standard scale or to imprisonment for a term not exceeding the relevant maximum, or to both.
(8) “The relevant maximum” is—
(a) in England and Wales, 51 weeks;
(b) in Scotland and Northern Ireland, six months.
(1) Where a person—
(a) fails to comply with, or acts in breach of, a notice under section 19 or 21 or an order made by an inquiry, or
(b) threatens to do so,
the chairman of the inquiry, or after the end of the inquiry the Minister, may certify the matter to the appropriate court.
(2) The court, after hearing any evidence or representations on a matter certified to it under subsection (1), may make such order by way of enforcement or otherwise as it could make if the matter had arisen in proceedings before the court.
(3) In this section “the appropriate court” means the High Court or, in the case of an inquiry in relation to which the relevant part of the United Kingdom is Scotland, the Court of Session.
(1) No action lies against—
(a) a member of an inquiry panel,
(b) an assessor, counsel or solicitor to an inquiry, or
(c) a person engaged to provide assistance to an inquiry,
in respect of any act done or omission made in the execution of his duty as such, or any act done or omission made in good faith in the purported execution of his duty as such.
(2) Subsection (1) applies only to acts done or omissions made during the course of the inquiry, otherwise than during any period of suspension (within the meaning of section 13).
(3) For the purposes of the law of defamation, the same privilege attaches to—
(a) any statement made in or for the purposes of proceedings before an inquiry (including the report and any interim report of the inquiry), and
(b) reports of proceedings before an inquiry,
as would be the case if those proceedings were proceedings before a court in the relevant part of the United Kingdom.
(1) An application for judicial review of a decision made—
(a) by the Minister in relation to an inquiry, or
(b) by a member of an inquiry panel,
must be brought within 14 days after the day on which the applicant became aware of the decision, unless that time limit is extended by the court.
(2) Subsection (1) does not apply where an earlier time limit applies by virtue of Civil Procedure Rules or rules made under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23).
(3) Subsection (1) does not apply to—
(a) a decision as to the contents of the report of the inquiry;
(b) a decision of which the applicant could not have become aware until the publication of the report.
In this subsection “report” includes any interim report.
(4) This section does not extend to Scotland.
Inquiries Act 2005