Explanatory Note
(This note is not part of the Rules)
These Rules, made under section 41(1) of the Inquiries Act 2005, deal with matters of evidence and procedure in relation to inquiries, the return or keeping, after the end of an inquiry, of documents given to or created by the inquiry and awards made by the chairman under section 40 of the Act.
Rule 5 deals with the designation of core participants by the chairman.
Rules 6, 7 and 8 deal with the designation of a lawyer appointed by a core participant or a witness as a recognised legal representative. Rule 7 sets out the circumstances in which one recognised legal representative should be appointed to represent two or more core participants.
Rules 9 and 10 are concerned with the collection of evidence by the inquiry panel and the conduct of any oral hearings that are held.
Rule 11 permits the recognised legal representative of a core participant to make opening and closing statements.
Rule 12 provides that where there is an application that evidence should be withheld from the public domain (by virtue of a restriction order, restriction notice or on grounds of public interest immunity), that evidence must be subject to the same restrictions as it would be subject to if the order sought had been granted. However, the chairman may show the evidence to another individual where he considers that disclosure is necessary for the determination of the application.
Rules 13, 14, 15 and 16 deal with the sending of letters of warning to those who may be, or have been, criticised during the inquiry proceedings or in the inquiry report, or any interim report.
Rule 17 provides for the delivery of copies of the report which is to be published to core participants following delivery to the minister.
Rule 18 sets out the chairman’s records management obligations during the inquiry and provides for the transfer of custody of the inquiry record at the end of the inquiry.
Rules 19 to 34 set out the rules regarding the making and assessment of awards.