FIRST SCHEDULE
PART IIProvisions as to Inquiries
1
The Ministry shall appoint a person to hold the inquiry and report thereon to the Ministry. A person so appointed is in this Part of this Schedule referred to as “the inspector”.
2
The Ministry may appoint one or more than one person possessing such legal, medical or other professional qualifications as the Ministry thinks appropriate, to assist the inspector.
3
The Ministry shall, not less than fourteen days before the holding of the inquiry, give public notice, and shall send to the local authority by registered postF1 notice in writing, of the date, hour and place fixed for the holding thereof.
4
The inspector may by notice require any person—
(a)
to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
(b)
to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the inspector may think fit and as the person so required is able to furnish:
Provided that—
(i)
no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides, unless the necessary expenses are paid or tendered to him; and
(ii)
nothing in this paragraph shall empower the inspector to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or otherwise, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
5
The inspector may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.
6
Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 4 of this Part of this Schedule, or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice or who refuses or wilfully neglects to furnish any information which he is required to furnish under sub-paragraph ( b) of the said paragraph 4 shall be liable on summary conviction to a fine not exceedingF2 level 1 on the standard scaleF2 or to imprisonment for a period not exceeding three months.
7
The expenses incurred by the Ministry in relation to any inquiry held under this Act (including such sum or sums as the Ministry may with the approval of the Ministry of Finance determine in respect of the services of the inspector and any person appointed to assist him) shall be paid by the Ministry and the local authority in such proportions as the inspector shall recommend in his report, and the Ministry may make an order accordingly.
8
Any order by the Ministry under the last preceding paragraph may on the application of either party to the inquiry be made a rule of the High Court.