Statutory Instrument 2006 No. 1838
The Inquiry Rules 2006
(The document as of February, 2008. Arhiv.Online Library)
2006 No. 1838
The Inquiry Rules 2006
The Lord Chancellor makes the following rules in exercise of the powers conferred on him by section 41 of the Inquiries Act 2005:
Citation and commencement
1.These Rules may be cited as the Inquiry Rules 2006 and shall come into force on 1st August 2006.
2.In these Rules—
(b) in Scotland, the Auditor of the Court of Session; and
(c) in Northern Ireland, the Master (Taxing Office);
(b) in the case of any other person, the fax number or numbers notified by that person to a member of the inquiry team, in writing, as the number to be used for communication by fax;
(b) in the case of any other person, the address notified by that person to a member of the inquiry team, in writing, as the address to be used for postal communications;
(b) the counsel to the inquiry;
(c) the secretary to the inquiry;
(d) the solicitor to the inquiry;
(e) assessors appointed under section 11 of the Act; and
(f) any other person engaged (whether as an employee or under a contract for services) to provide administrative, legal or managerial assistance to the inquiry or to assist in any investigations which the inquiry may conduct;
(b) a solicitor or advocate in Scotland; or
(c) a solicitor or barrister in Northern Ireland;
3.—(1) Any requirement under these Rules that a document is given or sent to any person by a member of the inquiry team is satisfied by that document being—
(b) left at the person's designated postal address;
(c) sent to the person's designated postal address by first class post;
(d) faxed to the person's designated fax number; or
(e) subject to paragraph (2), sent by email.
(2) A document may be sent by email to a person's designated email address if the person has informed the secretary to the inquiry in writing that he is willing to accept documents sent email.
(b) sent to the inquiry's designated postal address by first class post;
(c) faxed from the sender's designated fax number to the inquiry's designated fax number; or
(d) subject to paragraph (2), sent by email.
(2) A document may be sent by email from a person's designated email address if the secretary to the inquiry has informed the person sending the email in writing—
(b) of the email address to which the document must be sent; and
(c) if the secretary to the inquiry wishes to so specify, the electronic format in which the document must be sent.
(b) the person has a significant interest in an important aspect of the matters to which the inquiry relates; or
(c) the person may be subject to explicit or significant criticism during the inquiry proceedings or in the report, or in any interim report.
(3) A person ceases to be a core participant on—
(b) the end of the inquiry.
Recognised legal representative
(b) any other person required or permitted to give evidence or produce documents during the course of the inquiry,
has appointed a qualified lawyer to act on that person's behalf, the chairman must designate that lawyer as that person's recognised legal representative in respect of the inquiry proceedings.
(b) the facts they are likely to rely on in the course of the inquiry are similar; and
(c) it is fair and proper for them to be jointly represented.
(2) The chairman must direct that those core participants shall be represented by a single recognised legal representative, and the chairman may designate a qualified lawyer for that purpose.
(b) that witness's evidence directly relates to the evidence of another witness,
the recognised legal representative of the witness to whom the evidence relates may apply to the chairman for permission to question the witness who has given oral evidence.
(b) whether the questioning will raise new issues or, if not, why the questioning should be permitted.
Opening and closing statements
(b) make a closing statement to the inquiry panel.
(2) A core participant who does not have a recognised legal representative may make the opening and closing statements referred to in paragraph (1).
(b) "relevant application" means an application which is
(ii) made by any person that the chairman exercise his discretion under section 19(2)(b) of the Act; or
(iii) made by any person that evidence or documents be withheld on grounds of public interest immunity,
and which entails the withholding of evidence from the public.
(2) Subject to paragraph (3), potentially restricted evidence is subject to the same restrictions as it would be subject to if the order sought in the relevant application had been made.
(b) the chairman has afforded the opportunity to—
(ii) any other person making the relevant application,
to make representations regarding whether disclosure to that individual should be permitted.
(5) Any person who is shown potentially restricted evidence pursuant to paragraph (3) shall owe an obligation of confidence to the person who provided or produced the evidence to the inquiry.
(b) about whom criticism may be inferred from evidence that has been given during the inquiry proceedings; or
(c) who may be subject to criticism in the report, or any interim report.
(2) The recipient of a warning letter may disclose it to his recognised legal representative.
(b) the person has been given a reasonable opportunity to respond to the warning letter.
14.—(1) Subject to paragraphs (2), (3), and (4) the contents of a warning letter are to be treated as subject to an obligation of confidence owed—
(b) by the recipient to the chairman; and
(c) by the recipient's recognised legal representative to the chairman (where the recipient has disclosed the letter under rule 13(2)).
(2) The obligation of confidence may be waived in writing at any time by the chairman or, as the case may be, by the recipient of the warning letter.
(b) contain a statement of the facts that the chairman considers substantiate the criticism or proposed criticism; and
(c) refer to any evidence which supports those facts.
(2) The chairman may provide copies of the evidence referred to with the warning letter, if he considers it appropriate to do so.
(b) subject to paragraph (4), the letter must refer to the evidence from which criticism could be inferred.
(4) Paragraphs (1) to (3) are subject to any restrictions on the disclosure of evidence, documents or information pursuant to sections 19 and 23 of the Act, or resulting from a determination of public interest immunity.
(b) to their recognised legal representative, if any.
(2) The contents of the report, and any interim report are to be treated, until the report, or interim report, has been published by the chairman, as subject to an obligation of confidence owed by each person, who pursuant to paragraph (1) has received a copy of the report, to the chairman.
(b) at the end of the inquiry, the chairman must transfer custody of the inquiry record to a department of Her Majesty's Government in the United Kingdom or to the appropriate public record office, as the Minister directs.
(2) In this rule, the "appropriate public records office" means the National Archives, the Keeper of the Records of Scotland or the Public Record Office of Northern Ireland.
(b) Scotland; or
(c) Northern Ireland,
as soon as reasonably practicable following the setting-up date.
(b) the proposed hourly rates; and
(c) any other amounts which the person anticipates claiming in relation to legal representation.
Determination of whether an award should be made
(b) whether making an award is in the public interest.
Determination conditions in respect of awards for amounts to be incurred in respect of legal representation
(b) the hourly rates which will be paid;
(c) any upper limit or limits on the sums or number of hours which will be paid;
(d) the frequency with which bills must be submitted to the chairman; and
(e) the form in which bills must be submitted to the chairman.
Determination conditions in respect of awards for amounts to be incurred in respect of compensation for loss of time
(b) the form in which bills must be submitted to the chairman; and
(c) the supply of such documentary evidence as the chairman considers necessary.
Determination conditions in respect of awards for other amounts to be incurred
(b) a requirement that the applicant provide evidence that the expenditure has been incurred; and
(c) the form in which bills must be submitted to the chairman.
Notification or referral following determination of whether an award should be made
(b) the application relates to amounts which are to be incurred,
the chairman must send the determination to the applicant and his legal representative, if he has one.
(b) the application relates to amounts which have been incurred,
the chairman must refer the application to the solicitor to the inquiry for an assessment of the amount of the award as soon as practicable.
(b) if no such sums can be identified, such other amount as the solicitor to the inquiry considers proportionate and reasonable.
(2) When assessing the amount to be awarded pursuant to an application in respect of expenses, the solicitor to the inquiry must have regard to all the circumstances and to whether the expenses—
(b) are proportionate and reasonable in amount.
(3) The solicitor to the inquiry must exclude amounts from the initial assessment which do not comply with conditions notified pursuant to rules 22, 23 and 24, as appropriate.
(b) the application relates to amounts incurred in respect of legal representation,
the solicitor to the inquiry must send the applicant, in writing, the points of dispute within twenty-one days of receipt of the notification.
(b) state the nature of the objection for each item; and
(c) propose an amount to be allowed for each item in respect of which a reduction is sought.
(3) The applicant must provide a written response to the points of dispute to the solicitor to the inquiry within twenty-one days of the points of dispute having been sent to the applicant.
(b) the application does not relate to amounts incurred in respect of legal representation,
the solicitor to the inquiry must reconsider the initial assessment of the amount of the award.
(b) require the solicitor to the inquiry to issue a final assessment of the amount of the award.
(2) Where the assessment of an award has been referred under paragraph (1)(a), the costs assessor must hold a review hearing within a reasonable time following referral.
(b) the solicitor to the inquiry; and
(c) their qualified lawyers or costs draftsman,
may be heard at the review hearing only if the costs assessor gives permission for that person to be heard.
(b) the chairman,
his assessment of the amount of the award as soon as reasonably practicable following the review hearing.
(This note is not part of the Rules)
These Rules, made under section 41(1) of the Inquiries Act 2005, deal with matters of evidence and procedure in relation to inquiries, the return or keeping, after the end of an inquiry, of documents given to or created by the inquiry and awards made by the chairman under section 40 of the Act.
Rule 5 deals with the designation of core participants by the chairman.
Rules 6, 7 and 8 [b]deal with the designation of a lawyer appointed by a core participant or a witness as a recognised legal representative. Rule 7 sets out the circumstances in which one recognised legal representative should be appointed to represent two or more core participants.
Rules 9 and 10 are concerned with the collection of evidence by the inquiry panel and the conduct of any oral hearings that are held.
Rule 11 permits the recognised legal representative of a core participant to make opening and closing statements.
Rule 12 provides that where there is an application that evidence should be withheld from the public domain (by virtue of a restriction order, restriction notice or on grounds of public interest immunity), that evidence must be subject to the same restrictions as it would be subject to if the order sought had been granted. However, the chairman may show the evidence to another individual where he considers that disclosure is necessary for the determination of the application.
Rules 13, 14, 15 and 16 deal with the sending of letters of warning to those who may be, or have been, criticised during the inquiry proceedings or in the inquiry report, or any interim report.
Rule 17 provides for the delivery of copies of the report which is to be published to core participants following delivery to the minister.
Rule 18 sets out the chairman's records management obligations during the inquiry and provides for the transfer of custody of the inquiry record at the end of the inquiry.
Rules 19 to 34 set out the rules regarding the making and assessment of awards.
[a]Amended by Correction Slip.
Page 9, rule 29(2)(a) should read: “identify each item to which the solicitor to the inquiryobjects;”; and back
[b]Page 11, in the Explanatory Note, third paragraph, line one: “Rules 6, 7 and deal with thedesignation of…” should read, “Rules 6, 7 and 8 deal with the designation of…”. back
ISBN0 11 074831 X