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Health and Safety at Work (Northern Ireland) Order 1978

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Investigations and inquiriesN.I.

Investigations and inquiriesN.I.

16 .F1  F2(1)  This Article applies to the following matters, that is to say any accident, occurrence, situation or other matter whatsoever whichF3. . . [F4F3. . . the Executive] thinks it necessary or expedient to investigate for any of the general purposes of this Part or with a view to the making of regulations for those purposes.

(2) F3. . . [F4F3. . . the Executive] may at any time—

(a)investigate or authorise any other person to investigate, and make a special report on any matter to which this Article applies; or

(b)cause an inquiry to be held into any such matter.

(3) Any inquiry held by virtue of paragraph (2)( b) shall be held in accordance with regulations, and shall be held in public except where or to the extent that the regulations provide otherwise.

(4) Regulations made under paragraph (3) may in particular include provision—

(a)conferring on the person holding any such inquiry, and any person assisting him in the inquiry, powers of entry and inspection;

(b)conferring on any such person powers of summoning witnesses to give evidence or produce documents and power to take evidence on oath and administer oaths or require the making of declarations;

(c)requiring any such inquiry to be held otherwise than in public where or to the extent that a Minister of the Crown or Head of the Department concerned so directs.

(5) In the case of a special report made by virtue of paragraph (2)( a)F3. . . [F4F3. . . the Executive] may cause the report, or so much of it asF3. . . [F4F3. . . the Executive] thinks fit, to be made public at such time and in such manner asF3. . . [F4F3. . . the Executive] thinks fit.

(6) F3. . . [F4F3. . . the Executive]

(a)in the case of an investigation and special report made by virtue of paragraph (2)( a), may pay to the person making it such remuneration and expenses asF3. . . [F4F3. . . the Executive], with the approval of the Department of the Civil Service, may determine;

(b)in the case of an inquiry held by virtue of paragraph (2)( b), may pay to the person holding it and to any assessor appointed to assist him such remuneration and expenses, and to persons attending the inquiry as witnesses such expenses, asF3. . . [F4F3. . . the Executive], with the like approval, may determine; and

(c)may, to such extent asF3. . . [F4F3. . . the Executive] may determine, defray the other costs, if any, of any such investigation and special report or inquiry.

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F1mod. by SR 2000/87; 2000/120

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