The Health and Safety Inquiries (Procedure) Regulations 1975

Procedure at inquiry

8.—(1) Except as otherwise provided in these Regulations, the procedure at and in connection with an inquiry shall be in the discretion of the appointed person who shall state at the commencement of the hearing of the procedure which, subject to consideration of any submission by the persons appearing at the inquiry, he proposes to adopt and shall inform those persons what he proposes as regards any site inspection arising out of the hearing.

(2) Except as provided in paragraph (3) of this Regulation, the inquiry shall be held in public.

(3) The appointed person—

(a) shall, to the extent to which he has been so directed in writing by a Minister of the Crown, hold the inquiry otherwise than in public for the purpose of hearing evidence relating to matters specified in the direction, being matters of such a nature that it would, in the opinion of the Minister, be against the interests of national security to allow the evidence to be given in public; and

(b) may, on application made to him in that behalf, hold the inquiry otherwise than in public to such extent as he considers necessary for the purpose of hearing evidence, the giving of which is in his opinion likely to disclose information relating to a trade secret,

and information disclosed to any person by the hearing of evidence in the circumstances mentioned in sub-paragraphs (a) or (b) above shall not be disclosed by him except for the purposes of the inquiry:

Provided —

(i) that a member of the Council on Tribunals or of its Scottish Committee in his capacity as such shall be entitled to attend the hearing in any case; and

(ii) that a representative of any such employers' association or trade union as is mentioned in Regulation 5(1)(d) in his capacity as such shall be entitled to attend the hearing in a case falling within sub-paragraph (b) above.

(4) Persons entitled or permitted to appear shall be heard in such order as the appointed person may determine.

(5) Persons entitled to appear shall be entitled to make an opening statement, to call evidence and to cross-examine persons giving evidence, but any other person appearing at the inquiry may do so only to the extent permitted by the appointed person.

(6) Where the appointed person so requires, witnesses shall give evidence on oath, and for that purpose the appointed person may administer an oath in due form.

(7) Any evidence may be admitted at the discretion of the appointed person, who may direct that documents to be tendered in evidence may be inspected by any person entitled or permitted to appear at the inquiry and that facilities be afforded him to take or obtain copies thereof.

(8) The appointed person shall be entitled (subject to disclosure thereof at the inquiry and making available copies thereof to the persons appearing at the inquiry) to take into account any written representations or statement received by him before the inquiry from any person.

(9) The appointed person may from time to time adjourn the inquiry, and where he does so shall give reasonable notice to every person entitled or permitted to appear at the inquiry of the date, time and place of the adjourned inquiry, provided that where the date, time and place of the adjourned inquiry are announced at the inquiry, no further notice shall be required.