Energy Act 2013

85 Inquiries

(1) The ONR may, with the consent of the Secretary of State, direct an inquiry to be held into any matter if it considers the inquiry necessary or desirable for any of the ONR’s purposes.

(2) In this Part “ONR inquiry” means an inquiry under this section.

(3) An ONR inquiry must be held in accordance with regulations made by the Secretary of State.

(4) Except as provided by the regulations—

(a) an ONR inquiry is to be held in public; and

(b) any report made by the person holding an ONR inquiry is to be published.

(5) The regulations may in particular make provision—

(a) conferring on the person holding an ONR inquiry and any person assisting that person—

(i) powers of entry and inspection;

(ii) powers of summoning witnesses to give evidence or produce documents;

(iii) power to take evidence on oath and to administer oaths;

(iv) power to require the making of declarations;

(b) as to circumstances in which—

(i) an ONR inquiry or any part of it is to be held in private;

(ii) any report, or part of a report, made by the person holding an ONR inquiry is not to be published;

(c) conferring functions on the ONR or the Secretary of State;

(d) creating summary offences.

(6) An offence under the regulations may be made punishable with—

(a) in England and Wales, a fine (or a fine not exceeding an amount specified, which must not exceed level 4 on the standard scale), or

(b) in Scotland or Northern Ireland, a fine not exceeding the amount specified, which must not exceed level 5 on the standard scale.

(7) Subsection (8) applies where—

(a) the ONR directs an ONR inquiry to be held into a matter arising in Scotland, and

(b) the matter in question causes the death of a person.

(8) Unless the Lord Advocate otherwise directs, no inquiry is to be held with regard to the death of that person under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.