Inquiries Act 2005

12 Duration of appointment of members of inquiry panel

(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)).