Office of Public Sector Information
An Act to make provision about the holding of inquiries.
[7th April 2005]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) A Minister may cause an inquiry to be held under this Act in relation to a case where it appears to him that—
(a) particular events have caused, or are capable of causing, public concern, or
(b) there is public concern that particular events may have occurred.
(2) In this Act “Minister” means—
(a) a United Kingdom Minister;
(b) the Scottish Ministers;
(c) a Northern Ireland Minister;
and references to a Minister also include references to the National Assembly for Wales.
(3) References in this Act to an inquiry, except where the context requires otherwise, are to an inquiry under this Act.
(1) An inquiry panel is not to rule on, and has no power to determine, any person’s civil or criminal liability.
(2) But an inquiry panel is not to be inhibited in the discharge of its functions by any likelihood of liability being inferred from facts that it determines or recommendations that it makes.
(1) An inquiry is to be undertaken either—
(a) by a chairman alone, or
(b) by a chairman with one or more other members.
(2) References in this Act to an inquiry panel are to the chairman and any other member or members.
(1) Each member of an inquiry panel is to be appointed by the Minister by an instrument in writing.
(2) The instrument appointing the chairman must state that the inquiry is to be held under this Act.
(3) Before appointing a member to the inquiry panel (otherwise than as chairman) the Minister must consult the person he has appointed, or proposes to appoint, as chairman.
(1) In the instrument under section 4 appointing the chairman, or by a notice given to him within a reasonable time afterwards, the Minister must—
(a) specify the date that is to be the setting-up date for the purposes of this Act; and
(b) before that date—
(i) set out the terms of reference of the inquiry;
(ii) state whether or not the Minister proposes to appoint other members to the inquiry panel, and if so how many.
(2) An inquiry must not begin considering evidence before the setting-up date.
(3) The Minister may at any time after setting out the terms of reference under this section amend them if he considers that the public interest so requires.
(4) Before setting out or amending the terms of reference the Minister must consult the person he proposes to appoint, or has appointed, as chairman.
(5) Functions conferred by this Act on an inquiry panel, or a member of an inquiry panel, are exercisable only within the inquiry’s terms of reference.
(6) In this Act “terms of reference”, in relation to an inquiry under this Act, means—
(a) the matters to which the inquiry relates;
(b) any particular matters as to which the inquiry panel is to determine the facts;
(c) whether the inquiry panel is to make recommendations;
(d) any other matters relating to the scope of the inquiry that the Minister may specify.
(1) A Minister who proposes to cause an inquiry to be held, or who has already done so without making a statement under this section, must as soon as is reasonably practicable make a statement to that effect to the relevant Parliament or Assembly.
(2) A statement under subsection (1) must state—
(a) who is to be, or has been, appointed as chairman of the inquiry;
(b) whether the Minister has appointed, or proposes to appoint, any other members to the inquiry panel, and if so how many;
(c) what are to be, or are, the inquiry’s terms of reference.
(3) Where the terms of reference of an inquiry are amended under section 5(3), the Minister must, as soon as is reasonably practicable, make a statement to the relevant Parliament or Assembly setting out the amended terms of reference.
(4) A statement under this section may be oral or written.
(1) The Minister may at any time (whether before the setting-up date or during the course of the inquiry) appoint a member to the inquiry panel—
(a) to fill a vacancy that has arisen in the panel (including a vacancy in the position of chairman), or
(b) to increase the number of members of the panel.
(2) The power to appoint a member under subsection (1)(b) is exercisable only—
(a) in accordance with a proposal under section 5(1)(b)(ii), or
(b) with the consent of the chairman.
(3) The power to appoint a replacement chairman may be exercised by appointing a person who is already a member of the inquiry panel.
(1) In appointing a member of the inquiry panel, the Minister must have regard—
(a) to the need to ensure that the inquiry panel (considered as a whole) has the necessary expertise to undertake the inquiry;
(b) in the case of an inquiry panel consisting of a chairman and one or more other members, to the need for balance (considered against the background of the terms of reference) in the composition of the panel.
(2) For the purposes of subsection (1)(a) the Minister may have regard to the assistance that may be provided to the inquiry panel by any assessor whom the Minister proposes to appoint, or has appointed, under section 11.
(1) The Minister must not appoint a person as a member of the inquiry panel if it appears to the Minister that the person has—
(a) a direct interest in the matters to which the inquiry relates, or
(b) a close association with an interested party,
unless, despite the person’s interest or association, his appointment could not reasonably be regarded as affecting the impartiality of the inquiry panel.
(2) Before a person is appointed as a member of an inquiry panel he must notify the Minister of any matters that, having regard to subsection (1), could affect his eligibility for appointment.
(3) If at any time (whether before the setting-up date or during the course of the inquiry) a member of the inquiry panel becomes aware that he has an interest or association falling within paragraph (a) or (b) of subsection (1), he must notify the Minister.
(4) A member of the inquiry panel must not, during the course of the inquiry, undertake any activity that could reasonably be regarded as affecting his suitability to serve as such.
(1) If the Minister proposes to appoint as a member of an inquiry panel a particular person who is a judge of a description specified in the first column of the following table, he must first consult the person specified in the second column.
| Description of judge | Person to be consulted |
|---|---|
| Lord of Appeal in Ordinary | The senior Lord of Appeal in Ordinary |
| Judge of the Supreme Court of England and Wales, or Circuit judge | The Lord Chief Justice of England and Wales |
| Judge of the Court of Session, sheriff principal or sheriff | The Lord President of the Court of Session |
| Judge of the Supreme Court of Northern Ireland, or county court judge in Northern Ireland | The Lord Chief Justice of Northern Ireland |
(2) In this section “sheriff principal” and “sheriff” have the same meaning as in the Sheriff Courts (Scotland) Act 1971 (c. 58).
(1) One or more persons may be appointed to act as assessors to assist the inquiry panel.
(2) The power to appoint assessors is exercisable—
(a) before the setting-up date, by the Minister;
(b) during the course of the inquiry, by the chairman (whether or not the Minister has appointed assessors).
(3) Before exercising his powers under subsection (2)(a) the Minister must consult the person he proposes to appoint, or has appointed, as chairman.
(4) A person may be appointed as an assessor only if it appears to the Minister or the chairman (as the case requires) that he has expertise that makes him a suitable person to provide assistance to the inquiry panel.
(5) The chairman may at any time terminate the appointment of an assessor, but only with the consent of the Minister in the case of an assessor appointed by the Minister.
(1) Subject to the following provisions of this section, a member of an inquiry panel remains a member until the inquiry comes to an end (or until his death if he dies before then).
(2) A member of an inquiry panel may at any time resign his appointment by notice to the Minister.
(3) The Minister may at any time by notice terminate the appointment of a member of an inquiry panel—
(a) on the ground that, by reason of physical or mental illness or for any other reason, the member is unable to carry out the duties of a member of the inquiry panel;
(b) on the ground that the member has failed to comply with any duty imposed on him by this Act;
(c) on the ground that the member has—
(i) a direct interest in the matters to which the inquiry relates, or
(ii) a close association with an interested party,
such that his membership of the inquiry panel could reasonably be regarded as affecting its impartiality;
(d) on the ground that the member has, since his appointment, been guilty of any misconduct that makes him unsuited to membership of the inquiry panel.
(4) In determining whether subsection (3)(a) applies in a case where the inability to carry out the duties is likely to be temporary, the Minister may have regard to the likely duration of the inquiry.
(5) The Minister may not terminate a member’s appointment under subsection (3)(c) if the Minister was aware of the interest or association in question when appointing him.
(6) Before exercising his powers under subsection (3) in relation to a member other than the chairman, the Minister must consult the chairman.
(7) Before exercising his powers under subsection (3) in relation to any member of the inquiry panel, the Minister must—
(a) inform the member of the proposed decision and of the reasons for it, and take into account any representations made by the member in response, and
(b) if the member so requests, consult the other members of the inquiry panel (to the extent that no obligation to consult them arises under subsection (6)).
(1) The Minister may at any time, by notice to the chairman, suspend an inquiry for such period as appears to him to be necessary to allow for—
(a) the completion of any other investigation relating to any of the matters to which the inquiry relates, or
(b) the determination of any civil or criminal proceedings (including proceedings before a disciplinary tribunal) arising out of any of those matters.
(2) The power conferred by subsection (1) may be exercised whether or not the investigation or proceedings have begun.
(3) Before exercising that power the Minister must consult the chairman.
(4) A notice under subsection (1) may suspend the inquiry until a specified day, until the happening of a specified event or until the giving by the Minister of a further notice to the chairman.
(5) Where the Minister gives a notice under subsection (1) he must—
(a) set out in the notice his reasons for suspending the inquiry;
(b) lay a copy of the notice, as soon as is reasonably practicable, before the relevant Parliament or Assembly.
(6) A member of an inquiry panel may not exercise the powers conferred by this Act during any period of suspension; but the duties imposed on a member of an inquiry panel by section 9(3) and (4) continue during any such period.
(7) In this section “period of suspension” means the period beginning with the receipt by the chairman of the notice under subsection (1) and ending with whichever of the following is applicable—
(a) the day referred to in subsection (4);
(b) the happening of the event referred to in that subsection;
(c) the receipt by the chairman of the further notice under that subsection.
(1) For the purposes of this Act an inquiry comes to an end—
(a) on the date, after the delivery of the report of the inquiry, on which the chairman notifies the Minister that the inquiry has fulfilled its terms of reference, or
(b) on any earlier date specified in a notice given to the chairman by the Minister.
(2) The date specified in a notice under subsection (1)(b) may not be earlier than the date on which the notice is sent.
(3) Before exercising his power under subsection (1)(b) the Minister must consult the chairman.
(4) Where the Minister gives a notice under subsection (1)(b) he must—
(a) set out in the notice his reasons for bringing the inquiry to an end;
(b) lay a copy of the notice, as soon as is reasonably practicable, before the relevant Parliament or Assembly.
(1) Where—
(a) an inquiry (“the original inquiry”) is being held, or is due to be held, by one or more persons appointed otherwise than under this Act,
(b) a Minister gives a notice under this section to those persons, and
(c) the person who caused the original inquiry to be held consents,
the original inquiry becomes an inquiry under this Act as from the date of the notice or such later date as may be specified in the notice (the “date of conversion”).
(2) The power conferred by this section is exercisable only if the original inquiry relates to a case where it appears to the Minister that—
(a) particular events have caused, or are capable of causing, public concern, or
(b) there is public concern that particular events may have occurred.
(3) Before exercising that power the Minister must consult the chairman.
(4) A notice under this section must—
(a) state that, as from the date of conversion, the inquiry is to be held under this Act;
(b) in the case of an inquiry panel consisting of more than one member, identify who is to be chairman of the panel;
(c) set out what are to be the terms of reference of the inquiry.
(5) The terms of reference set out under subsection (4) may be different from those of the original inquiry.
(6) The Minister may at any time after setting out the terms of reference under this section amend them if he considers that the public interest so requires.
(7) The Minister must consult the chairman before—
(a) setting out terms of reference that are different from those of the original inquiry, or
(b) amending the terms of reference under subsection (6).
(8) Section 6 applies, with any necessary modifications, in relation to—
(a) converting an inquiry under this section, or
(b) amending an inquiry’s terms of reference under subsection (6),
as it applies in relation to causing an inquiry to be held, or amending an inquiry’s terms of reference under section 5(3).
(1) This section applies where an inquiry (the “original inquiry”) is converted under section 15 into an inquiry under this Act.
(2) The appointment of a person who at the date of conversion is—
(a) one of the persons holding, or due to hold, the original inquiry (an “original member”),
(b) an assessor, counsel or solicitor to the inquiry, or
(c) a person engaged to provide assistance to the inquiry,
continues as if made under this Act, and for the purposes of section 12(5) is treated as made by the Minister on the date of conversion.
(3) Any obligation arising under an order of the original inquiry, or otherwise in connection with that inquiry, is enforceable only as it would be if the original inquiry had not been converted.
(4) No rights or obligations arise under or by virtue of this Act before the date of conversion.
(1) Subject to any provision of this Act or of rules under section 41, the procedure and conduct of an inquiry are to be such as the chairman of the inquiry may direct.
(2) In particular, the chairman may take evidence on oath, and for that purpose may administer oaths.
(3) In making any decision as to the procedure or conduct of an inquiry, the 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).
(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 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.
(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 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 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 Scottish public authority.
Inquiries Act 2005