Q&As

What duties are imposed on a public authority by a statutory inquiry convened under the Inquiry Act 2005?

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Produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council
Published on LexisPSL on 15/07/2016

The following Local Government Q&A produced in partnership with Tim Earl, Solicitor to the Council and Head of Legal Services of Suffolk County Council provides comprehensive and up to date legal information covering:

  • What duties are imposed on a public authority by a statutory inquiry convened under the Inquiry Act 2005?
  • The duty of a public authority to respond to a statutory inquiry
  • Evidence
  • Notices

The duty of a public authority to respond to a statutory inquiry

Statutory inquiries are convened under the Inquiries Act 2005 (IA 2005). See Practice Notes: Public inquiries and Public inquiry procedure and guidance produced by the Cabinet Office—Cabinet Office’s Inquiries Guidance: Guidance for Inquiry Chairs and Secretaries and Sponsor Departments.

A public authority for the purposes of the IA 2005 is a body named in Schedule 1 of the Freedom of Information Act 2000.

Evidence

The nature of the evidence an inquiry can request is set out at in the ‘Public inquiry procedure’ section of the Practice Note: Public inquiry procedure.

A public authority is not, as a corporate entity, under an enforceable duty to respond to such a request under the IA 2005. This does not mean that the public authority can ignore such a request.

The duties owed to a

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