Constitution of inquiry
5Setting-up date and terms of reference
1
In the instrument under section 4 appointing the chairman, or by a notice given to him within a reasonable time afterwards, the Minister must—
a
specify the date that is to be the setting-up date for the purposes of this Act; and
b
before that date—
i
set out the terms of reference of the inquiry;
ii
state whether or not the Minister proposes to appoint other members to the inquiry panel, and if so how many.
2
An inquiry must not begin considering evidence before the setting-up date.
3
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.
4
Before setting out or amending the terms of reference the Minister must consult the person he proposes to appoint, or has appointed, as chairman.
5
Functions conferred by this Act on an inquiry panel, or a member of an inquiry panel, are exercisable only within the inquiry’s terms of reference.
6
In this Act “terms of reference”, in relation to an inquiry under this Act, means—
a
the matters to which the inquiry relates;
b
any particular matters as to which the inquiry panel is to determine the facts;
c
whether the inquiry panel is to make recommendations;
d
any other matters relating to the scope of the inquiry that the Minister may specify.