Inquiries Act 2005

Inquiries for which more than one Minister responsible

32 Joint inquiries

(1) The power under section 1 to cause an inquiry to be held, or to convert an inquiry under section 15, is exercisable by two or more Ministers acting jointly.

(2) In this Act “joint inquiry” means an inquiry for which by virtue of this section, or section 34, two or more Ministers are responsible.

(3) In the case of a joint inquiry—

(a) powers conferred on a Minister by any provision of this Act (except section 41) are exercisable by the Ministers in question acting jointly;

(b) duties imposed by this Act on a Minister are joint duties of those Ministers.

(4) Subsection (3)(b), so far as relating to obligations under section 39, is subject to any different arrangements that may be agreed by the Ministers in question.

33 Inquiries involving more than one administration

(1) This section applies to a joint inquiry for which the Ministers responsible (“the relevant Ministers”) are not all United Kingdom Ministers and are not all Northern Ireland Ministers.

(2) A limitation imposed by section 27(2), 28(2), 29(2) or 30(2) or (3) on the terms of reference of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.

(3) A limitation imposed by section 27(3), 28(3) or (4), 29(3) or (4) or 30(4) or (5) on the powers conferred on the chairman of an inquiry for which a particular Minister is responsible has effect only to the extent that it applies in relation to all of the relevant Ministers.

(4) Subsections (6) and (7) of section 30 do not apply if at least one of the relevant Ministers is a United Kingdom Minister.

34 Change of responsibility for inquiry

(1) Each of the Ministers concerned may agree in writing that, as from a date specified in the agreement (“the specified date”), one or more Ministers should become, or cease to be, responsible for an inquiry.

(2) Where an agreement is made under this section—

(a) in relation to any time on or after the specified date, references in this Act to the Minister responsible for the inquiry are to be read in accordance with the agreement;

(b) each of the Ministers concerned has obligations under section 39 only in relation to the period when that Minister was or is responsible for the inquiry.

(3) Subsection (2)(b) is subject to any different arrangements that may be specified in the agreement under this section.

(4) Where as a result of an agreement under this section the terms of reference of the inquiry fail to comply with an applicable limitation imposed by section 27(2), 28(2), 29(2) or 30(2) or (3), they are to be read subject to such modifications as are necessary to make them comply with the limitation.

(5) In this section “the Ministers concerned” means the Ministers responsible for the inquiry before the specified date together with any who, under the agreement, are to become responsible for it as from that date.