Inquiries Act 2005

Conversion of inquiries

15 Power to convert other inquiry into inquiry under this Act

(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).

16 Inquiries converted under section 15

(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.