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INQUIRIES
17


Protection of members, advocates, assessors and witnesses

12.—(1) Every member of an inquiry body shall, in the exercise of his duty as a member, have the same protection and immunity as a judge.

(2) Every witness summoned to attend or appearing before the inquiry body shall have the same privileges and immunities, and shall in addition to the penalties provided by this Act be subject to the same liabilities in any civil or criminal proceedings, as a witness in any case tried in a court.

(3) An assessor assisting an inquiry body shall have the same protection and immunity as an assessor assisting in proceedings in a court.

(4) An advocate assisting an inquiry body or an advocate appearing on behalf of a person at a hearing before an inquiry body shall have respectively the same protection and immunity as an advocate assisting in or an advocate appearing for a party in proceedings in a court.

(5) For the purposes of the law of defamation, that same privilege attaches to—

(a) any statement made in or for the purposes of proceedings before an inquiry body (including the report and any interim report of the inquiry body); and
(b) reports of proceedings before an inquiry body, as would be the case if those proceedings were proceedings before a court.

Procedure and form

13. Subject to the provisions of this Act, the procedure to be followed by an inquiry body and the form of any order, summons, warrant or other document made or issued for the purposes of this Act shall be determined by the inquiry body.

Payment of remuneration or expenses

14.—(1) The appointing authority may agree to pay such remuneration and expenses as the appointing authority may determine to—

(a) any of the members of the inquiry body;
(b) any assessor to the inquiry; and
(c) any person engaged to provide assistance to the inquiry body.

(2) Any sums agreed by the appointing authority under sub-paragraph (1) shall be charged on and paid out of the Consolidated Fund.

Reports

15.—(1) The inquiry body shall deliver a report to the appointing authority setting out—

(a) the facts determined by the inquiry body; and
(b) the recommendations of the inquiry body (where the terms of reference require the inquiry body to make recommendations).