Trade Union and Labour Relations (Consolidation) Act 1992

Courts of inquiry E+W+S

215 Inquiry and report by court of inquiry. E+W+S

(1) Where a trade dispute exists or is apprehended, the Secretary of State may inquire into the causes and circumstances of the dispute, and, if he thinks fit, appoint a court of inquiry and refer to it any matters appearing to him to be connected with or relevant to the dispute.

(2) The court shall inquire into the matters referred to it and report on them to the Secretary of State; and it may make interim reports if it thinks fit.

(3) Any report of the court, and any minority report, shall be laid before both Houses of Parliament as soon as possible.

(4) The Secretary of State may, before or after the report has been laid before Parliament, publish or cause to be published from time to time, in such manner as he thinks fit, any information obtained or conclusions arrived at by the court as the result or in the course of its inquiry.

(5) No report or publication made or authorised by the court or the Secretary of State shall include any information obtained by the court of inquiry in the course of its inquiry—

(a) as to any trade union, or

(b) as to any individual business (whether carried on by a person, firm, or company),

which is not available otherwise than through evidence given at the inquiry, except with the consent of the secretary of the trade union or of the person, firm, or company in question.

Nor shall any individual member of the court or any person concerned in the inquiry disclose such information without such consent.

(6) The Secretary of State shall from time to time present to Parliament a report of his proceedings under this section.

216 Constitution and proceedings of court of inquiry. E+W+S

(1) A court of inquiry shall consist of—

(a) a chairman and such other persons as the Secretary of State thinks fit to appoint, or

(b) one person appointed by the Secretary of State,

as the Secretary of State thinks fit.

(2) A court may act notwithstanding any vacancy in its number.

(3) A court may conduct its inquiry in public or in private, at its discretion.

(4) The Secretary of State may make rules regulating the procedure of a court of inquiry, including rules as to summoning of witnesses, quorum, and the appointment of committees and enabling the court to call for such documents as the court may determine to be relevant to the subject-matter of the inquiry.

(5) A court of inquiry may, if and to such extent as may be authorised by rules under this section, by order require any person who appears to the court to have knowledge of the subject-matter of the inquiry—

(a) to supply (in writing or otherwise) such particulars in relation thereto as the court may require, and

(b) where necessary, to attend before the court and give evidence on oath;

and the court may administer or authorise any person to administer an oath for that purpose.

(6) Provision shall be made by rules under this section with respect to the cases in which persons may appear by [F1 a relevant lawyer] in proceedings before a court of inquiry, and except as provided by those rules no person shall be entitled to appear in any such proceedings by [F1 a relevant lawyer].

[F2 (7) In subsection (6) “relevant lawyer” means—

(a) a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation within the meaning of that Act, or

(b) an advocate or solicitor in Scotland.]

Textual Amendments

F1 Words in s. 216(6) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211(2), Sch. 21 para. 106(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F2 S. 216(7) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211(2), Sch. 21 para. 106(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)