Article 11 Procedure at inquiry

Except as otherwise provided in these rules, the appointed person shall determine the procedure at the inquiry.

The appointed person shall conduct the inquiry in public unless for any reason he determines that the inquiry or any part of it shall be in private.

Unless in any particular case the appointed person with the consent of the Secretary of State otherwise determines, the Secretary of State shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the appointed person may determine.

A person entitled to appear at an inquiry shall be entitled to call evidence and the Secretary of State and the library authority shall be entitled to cross-examine any person giving evidence, but, subject to paragraphs (3), (5), (6) and (8), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the appointed person’s discretion.

The appointed person may refuse to permit—

which he considers to be irrelevant or repetitious; but where he so refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any written evidence or other matter in writing before the close of the inquiry.

Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 10(4), the proof of evidence referred to in rule 10(1), shall, unless the person required to supply the summary notifies the appointed person that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.

The appointed person may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.

The appointed person may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.

The appointed person may allow any person to alter or add to a statement of case served under rule 5 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give any other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.

The appointed person may proceed with an inquiry in the absence of any person entitled to appear at it.

The appointed person may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.

The appointed person may from time to time adjourn the inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.