The Tribunals and Inquiries (Discretionary Inquiries) (Amendment) Order 1983

EXPLANATORY NOTE

This Order amends the Tribunals and Inquiries (Discretionary Inquiries) Order 1975 (“the 1975 Order”) by including in the Schedule to that Order the discretionary inquiries specified, thus applying sections 1 and 11 of the Tribunals and Inquiries Act 1971 to those inquiries. This brings the specified inquiries within the jurisdiction of the Council on Tribunals and gives the Lord Chancellor and, in Scotland, the Lord Advocate, power to make rules regulating their procedures.

Section 12 of the Tribunals and Inquiries Act 1971 applies to the inquiries listed in Part I of the Schedule to the 1975 Order. It will thus be the duty of any Minister who takes a decision after any such inquiry has been held by him or on his behalf to give the reasons for the decision unless he is relieved of the duty by virtue of section 12(2) or (4). There will be no duty to give reasons for the decision in the case of any inquiry listed in Part II of the Schedule to the 1975 Order since section 12 does not apply in relation to such inquiries.