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.