# The Inquiry into Historical Institutional Abuse Rules (Northern Ireland) 2013, Note: Explanatory note


(This note is not part of the Rules)
These Rules, made under section 21 of the Inquiry into Historical Institutional Abuse Act (Northern Ireland) 2013, deal with matters of evidence and procedure in relation to the inquiry, the return or keeping, after the end of the inquiry, of documents given to or created by the inquiry and awards made by the chairperson under section 14 of the Act.
Rule 5 deals with the designation of core participants by the chairperson.
Rules 6, 7 and 8 deal with the designation of a lawyer appointed by a core participant or a witness as a recognised legal representative. Rule 7 sets out the circumstances in which one recognised legal representative should be appointed to represent two or more core participants.
Rules 9, 10 and 11 are concerned with the collection of evidence by the inquiry panel and the conduct of any oral hearings that are held. Rule 10 includes the use of live television links. Rule 11 permits a core participant or a recognised legal representative of a core participant to propose a question for the counsel to the inquiry to ask a witness.
Rule 12 permits the recognised legal representative of a core participant to make opening and closing statements if the chairperson permits.
Rule 13 provides that where there is an application that evidence should be withheld from the public domain (by virtue of a restriction order or on grounds of public interest immunity), that evidence must be subject to the same restrictions as it would be subject to if the order sought had been granted. However, the chairperson may show the evidence to another individual where he considers that disclosure is necessary for the determination of the application.
Rules 14 to 17 deal with the sending of letters of warning to those who may be, or have been, criticised during the inquiry proceedings or in any report of the inquiry.
Rule 18 provides for the delivery of copies of the report which is to be published to core participants following delivery to the First Minister and deputy First Minister.
Rule 19 provides for the protection of acknowledgement forum documents.
Rules 20 and 21 set out the chairperson’s records management obligations during the inquiry. Rule 20 provides for the transfer of custody of the inquiry record at the end of the inquiry. Rule 21 provides for destruction of acknowledgement forum records.
Rules 22 to 34 set out the rules regarding the making and assessment of awards to meet witness expenses, including legal expenses. Rule 23 sets out the general criteria for determining whether an award should be made. Rule 24 identifies conditions to be applied to awards, including the maximum hourly rates that may be paid to legal representatives.
Rule 35 gives the chairperson of the inquiry the power to decide all matters of procedure not expressly provided, or by necessary implication, by the Act or these Rules.

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Source: https://www.legislation.gov.uk/nisr/2013/171/note (the official version)
Page: https://openlegislation.uk/inquiry-into-historical-institutional-abuse-rules-northern-ireland-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.