with candour, transparency and frankness, and
Explanatory notes to the Bill, prepared by the Ministry of Justice, have been ordered to be published as HL Bill 42—EN.
Baroness Levitt has made the following statement under section 19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Public Office (Accountability) Bill are compatible with the Convention rights.
A
bill
to
Impose a duty on public authorities and public officials to act with candour, transparency and frankness; to make provision for the enforcement of that duty in their dealings with inquiries and investigations; to require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority; to create an offence in relation to public authorities and public officials who mislead the public; to create further offences in relation to the misconduct of persons who hold public office and to abolish the common law offence of misconduct in public office; to make provision enabling persons to participate at inquiries and investigations where the conduct of public authorities may be in issue; and for connected purposes.
B e it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The purpose of this Act is to ensure that public authorities and public officials
at all times perform their functions—
with candour, transparency and frankness, and
in the public interest.
This Act does so by—
imposing criminal liability for seriously improper acts by individuals
holding public office and for breaches of duties to prevent death or
serious injury (in replacement of the common law offence of
misconduct in public office) (
Part 3
);
making provision about parity at inquiries and investigations where
a public authority is a participant or interested person, by enabling
affected persons to participate fully and effectively (including, in
particular, bereaved family members) (
Part 4
).
Public authorities and public officials must at all times act with candour,
transparency and frankness in their dealings with inquiries and investigations.
The duty under
subsection (1)
is referred to in
this Chapter
as the “duty of
candour and assistance” and comprises the obligations in
subsections (3)
,
(4)
and
(5)
.
A public authority or public official must notify the person leading an inquiry
or investigation where the authority or official has grounds to believe that—
their acts are or may be relevant to the inquiry or investigation, or
they otherwise have information that is relevant to the inquiry or
investigation.
A public authority or public official must provide all such assistance as they
can reasonably give to assist an inquiry or investigation to meet its objectives,
and (in particular) must—
where the authority or official has information that is relevant to the
inquiry or investigation, provide that information;
where any such information is likely to be of particular significance
to the inquiry or investigation, draw attention to that fact;
if any errors or omissions are discovered in information previously
provided, correct those errors or omissions;
in the case of a public authority, provide a position statement;
where requested by the person leading the inquiry or investigation,
provide further information or clarification or comply with other
requirements, so far as reasonably practicable.
Where a public authority is subject to the obligations in subsection (3) or (4) , the public official who is in charge of the authority must take all reasonable steps to secure that the authority complies with those obligations.
In complying with obligations arising under
this section
, a public authority
or public official must act—
expeditiously, and
without favour to their own, or another person’s, position.
makes further provision about the inquiries and investigations in
relation to which the duty of candour and assistance applies, and
contains powers to extend the duty to other investigations.
This section is subject to the further provision in section 3 .
This section contains further provision in relation to section 2 .
applies to a public authority or public official on the giving of a
direction by the person leading the inquiry or investigation (see further
Schedule 1
);
must be complied with in accordance with any requirements specified
in the direction.
The person leading an inquiry or investigation may, in particular (and whether
by a direction under
subsection (4)
or otherwise)—
require a public authority or public official to provide information of
a particular description, at a particular time or in a particular way (for
example by identifying descriptions of information that could be
provided, or by giving an oral or written statement);
dispense with the obligation to provide a position statement (subject
to
subsection (6)
in the case of an inquiry) or other information of a
particular description.
The person leading an inquiry may dispense with the obligation to provide
a position statement only if they consider that compliance with that obligation
would be contrary to the efficient and effective conduct of the inquiry (and
must give their reasons for being of that view).
The duty of candour and assistance—
does not require a public authority or public official to breach any
prohibition or restriction imposed by or under an enactment or a rule
of law;
is subject to such other exceptions as are provided for by or under
this Act or any other enactment.
A person who—
is not a public authority or public official, but
had a relevant public responsibility in connection with an incident,
must comply with the duty of candour and assistance in relation to an inquiry or investigation being held in connection with the incident.
A person had a “relevant public responsibility” in connection with an incident
if—
the person had a health and safety responsibility in connection with
the incident, or
the person carried out activities in connection with the incident
which—
were carried out as a service provider to a public authority,
and
had a significant impact on members of the public.
For the purposes of this section —
a person had a “health and safety responsibility” in connection with
an incident if they had any responsibility under health and safety
legislation towards members of the public affected by the incident
(including individuals working for that person);
a person carried out activities as a “service provider” to a public
authority if the activities were carried out under a direct contractual
relationship with the public authority;
references to an “incident” include the occurrence of particular events;
other provisions of this Chapter apply as if—
references to a public authority included a body falling within subsection (1) , and
references to a public official included an individual falling
within
that subsection
.
This section
applies in relation to an incident occurring on the Parliamentary
Estate as it applies in relation to an incident occurring elsewhere, but for this
purpose
subsection (2)
(a)
has effect as if the reference to a person who had
a health and safety responsibility included a reference to—
the Corporate Officer of the House of Lords,
the Corporate Officer of the House of Commons, and
the Corporate Officers acting jointly.
In this section —
“
health and safety legislation” means any enactment dealing with health
and safety matters, including (in particular)—
the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9));
Part 3 of the Energy Act 2013 (nuclear regulation);
“
Parliamentary Estate” means any building or other premises occupied
for the purposes of either House of Parliament.
A person commits an offence if—
they fail to comply with the duty of candour and assistance in respect
of an inquiry or investigation, and
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding six months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
For further provision in relation to offences under
this section
, see
Schedule
3
.
The duty of candour and assistance applies (subject as follows)—
to a relevant public authority as it applies to other public authorities;
to a person who works for a relevant public authority as it applies to
other public officials.
to a person who works for a relevant public authority (other than the
head of that authority when discharging obligations on behalf of it),
or
to any other public official, or to a public authority other than a
relevant public authority, where compliance with the obligation would
result in the provision of protected information.
Subsection (4) applies where—
a public authority (“the recipient authority”) is in possession of
protected information provided by a relevant public authority, and
the recipient authority would, but for the application of
subsection
(2)
(b)
, be required to give a notification under
section 2
(3)
that would
result in the provision of that information.
The recipient authority must inform the relevant public authority that it has
relied on the exemption in
subsection (2)
(b)
in relation to the information
(and the relevant public authority must act in accordance with
section 2
(3)
).
Where, in compliance with the obligation under
section 2
(4)
, a person who
works for a relevant public authority (other than the head of that authority)
would be required to provide protected information to an inquiry or
investigation, the person complies with that obligation by providing the
information to the head of the authority.
Where the head of a relevant public authority receives information by virtue
of
subsection (5)
, they must (subject to
subsection (7)
) provide that information
to the inquiry or investigation—
where no such requirement is imposed, as soon as reasonably
practicable.
The duty imposed by
subsection (6)
on the head of a relevant public authority
to provide information does not apply if, or to the extent that, either of the
following conditions is met before the head would otherwise be required to
provide the information to the inquiry or investigation.
The first condition is that an application is made, by virtue of any enactment
or rule of law, for the information to be subject to restrictions on disclosure
in accordance with that enactment or rule of law.
The second condition is that representations are made to a Minister for the
inquiry or investigation to become an inquiry established under the Inquiries
Act 2005 (in cases where it is not being held under that Act).
Where an application is made in accordance with an enactment or rule of
law as mentioned in
subsection (8)
, information must be provided to the
inquiry or investigation if, and to the extent that, the enactment or rule of
law so requires for the purposes of the application being determined.
A person leading an inquiry or investigation must suspend it if—
representations are made to a Minister as mentioned in subsection (9) in relation to the inquiry or investigation, and
the Minister requests the person to do so on the ground that the
matters to which the inquiry or investigation relates are likely to be
adequately investigated by an inquiry under the Inquiries Act 2005
that is being or is to be held.
Subsection
(11)
does not apply in relation to an investigation under Part 1 of
the Coroners and Justice Act 2009 (see instead paragraph 3 of Schedule 1 to
that Act).
For the purpose of securing compliance with the obligation under
section
2
(3)
, the head of each relevant public authority must ensure that the authority
has in place arrangements designed to secure that persons who work for the
authority comply with the authority’s procedures for informing the authority
that they have information (if not otherwise available to the authority) that
is or may be relevant to an inquiry or investigation.
For the purposes of this section—
references to a person who works for a relevant public authority
include a person who used to work for such an authority;
“Minister” has the same meaning as in the Inquiries Act 2005 (see
section 1(2) of that Act) but, in relation to an investigation under Part
1 of the Coroners and Justice Act 2009, also includes the Lord
Chancellor.
This section applies to information contained in a record that is transferred
to a relevant authority under—
the Public Records Act 1958,
the Public Records (Scotland) Act 1937,
the Public Records Act (Northern Ireland) 1923, or
any other enactment or arrangement under which records are
transferred to a relevant authority for their care and preservation.
For the purposes of this Chapter, the information is not to be treated as
information that is held by—
the relevant authority, or
persons who work for the authority.
Each of the following is a “relevant authority”—
the Public Record Office;
the Keeper of Public Records;
an authority responsible for records deposited at a place of deposit
appointed under section 4 of the Public Records Act 1958;
the Keeper of the Records of Scotland;
the Public Record Office of Northern Ireland;
In this section references to a record being “transferred” to a relevant authority
include references to it being transmitted to, or accepted or acquired by, the
authority.
The duty of candour and assistance has effect in respect of an inquiry or investigation which is—
started after the date on which this Act is passed, or
started before that date and remains ongoing on that date.
In this Chapter —
“
head”, in relation to a relevant public authority, means—
in relation to the Security Service, the Director General of the
Security Service;
in relation to the Secret Intelligence Service, the Chief of the
Secret Intelligence Service;
in relation to the Government Communications Headquarters,
the Director of the Government Communications Headquarters;
in relation to Defence Intelligence, the Chief of Defence
Intelligence;
in relation to the National Crime Agency, the Director General
of the National Crime Agency;
in relation to a police force (other than the National Crime
Agency), the relevant senior officer of the metropolitan police
force;
“
inquiry” means—
an inquiry under the Inquiries Act 2005 ,
an inquiry to which
paragraph 2
of
Schedule 1
applies
(non-statutory inquiries), or
an inquiry to which
paragraph 4
of that Schedule applies (local
authority inquiries);
“
investigation” means—
an investigation under
Part 1
of the
Coroners and Justice Act
2009
,
an investigation by the procurator fiscal under
section 1
(1)
(a)
of the
Inquiries into Fatal Accidents and Sudden Deaths etc.
(Scotland) Act 2016
(asp 2),
an inquiry under that Act ,
an inquest under the
Coroners Act (Northern Ireland) 1959
(c.
15 (N.I.)), or
an investigation specified, or of a description specified, in
regulations under
paragraph 8
(1)
of
Schedule 1
;
“
position statement”, in relation to an inquiry or investigation, means a
statement given by a person setting out their position on matters
relevant to the inquiry or investigation;
“
protected information” means information that—
relates to security or intelligence, within the meaning given by
section 1(9) of the Official Secrets Act 1989;
is information relating to defence produced or held by Defence
Intelligence, the disclosure of which would be damaging (and
“defence” and “damaging” have the meanings given by section
2 of the Official Secrets Act 1989);
relates to the exercise by the National Crime Agency of its
criminal intelligence function, within the meaning given by
section 1(5) of the Crime and Courts Act 2013;
relates to the exercise by a police force (other than the National
Crime Agency) of its counter-terrorism and other national
security functions;
“
public authority” has the meaning given by
paragraph 2
of
Schedule 2
;
“
public official” has the meaning given by
paragraph 3
of
Schedule 2
;
“
relevant public authority” means any of—
an intelligence service;
Defence Intelligence;
the National Crime Agency;
a police force (other than the National Crime Agency), in the
exercise of its counter-terrorism and other national security
functions.
For the purposes of subsection (1) —
references (in the definitions of “protected information” and “relevant
public authority”) to the “counter-terrorism and other national security
functions” of a police force are to any functions carried out under a
collaboration agreement made under section 22A of the Police Act
1996 for the purpose of addressing, on a collaborative basis with other
police forces, threats posed to national security;
the reference (in the definition of “head”) to the relevant senior officer
of the metropolitan police force is to the officer of that force, of the
rank of a Commander or above, with overall responsibility for the
conduct of the arrangements made under that collaboration agreement.
In the application of
subsection (2)
(a)
to the Police Service of Scotland, the
Police Service of Northern Ireland or the Police Service of Northern Ireland
Reserve, the reference to a collaboration agreement made under section 22A
of the Police Act 1996 is to be read as a reference to any memorandum of
understanding or other agreement made for the purpose mentioned in
subsection (2)
(a)
.
In
this Chapter
, references to the individual “in charge” of a public authority
are—
in the case of an authority with a board of directors, to the chief
executive;
in any other case, to the individual working for the authority who
carries out functions corresponding to those of a chief executive (or
to each such individual, if there is more than one).
In
subsection (4)
“chief executive”, in relation to a public authority, means
the individual working for the authority who, alone or with one or more
others, is responsible under the immediate authority of the board of directors
for the general functions of the authority.
A public authority must promote and take steps to maintain high standards
of ethical conduct at all times by people who work for the authority.
“Ethical conduct” is conduct which is consistent with the following principles—
selflessness;
integrity;
objectivity;
accountability;
openness;
honesty;
leadership.
In discharging its duty under
subsection (1)
, a public authority must, in
particular—
adopt a code which sets standards of conduct expected of people who
work for the authority (a “code of ethical conduct”),
take steps to make those people aware of the code and the
consequences for failing to act in accordance with it, and
ensure that the code is published (subject to subsection (10) ).
A public authority’s code of ethical conduct must (in particular)—
set expectations that people who work for the authority should act in
accordance with a duty of candour in matters relating to their work;
explain the practical ways in which the standards set by the code are
to be met;
set out the disciplinary consequences for failing to act in accordance
with the standards of conduct expected of them (including any
circumstances where such failure may amount to gross misconduct);
otherwise promote ethical conduct, candour, transparency and
frankness within all parts of the authority.
A public authority’s code of ethical conduct must also contain information
about the following matters—
the steps that a person who works for the authority may take if they
believe that another person who works for the authority has failed to
act in accordance with the code;
the making of protected disclosures, including information about any
policies the authority has adopted in relation to the making of such
disclosures;
how people who do not work for the authority may complain about
the conduct of the authority or of people who work for it, including
information about any person other than the authority to whom such
complaints may be made.
A public authority may satisfy the requirement in
subsection (3)
(a)
by adopting
(with or without modifications) one or more documents prepared by the
authority or another person.
A public authority may provide for its code of ethical conduct to apply with
modifications—
in specified circumstances, or
to people of a specified description who work for the authority.
If a public authority makes provision under
subsection (7)
, it must set out in
its code—
the modifications and circumstances in which, or descriptions of people
to which, they apply, and
its reasons for making the provision.
A public authority may from time to time revise its code of ethical conduct.
A public authority may exclude from its published code anything it considers
necessary to protect information—
relating to an identified or identifiable individual,
that is commercially sensitive, or
the disclosure of which would be contrary to the public interest.
In subsection (5) (b) , “protected disclosure”—
in relation to England and Wales and Scotland, has the same meaning
as in the
Employment Rights Act 1996
(see section 43A of that Act);
in relation to Northern Ireland, has the same meaning as in the
Employment Rights (Northern Ireland) Order 1996
(
S.I. 1996/1919
(N.I. 16)
(see Article 67A of that Order).
For the purposes of this Chapter—
a person who works at a school maintained by a local authority in
England or Wales is to be treated as working for the proprietor of that
school rather than for the authority;
a person who works at a designated institution in England or Wales
is to be treated as working for the governing body of the institution
rather than for any other body;
a person who works at a grant-aided school in Northern Ireland is to
be treated as working for the Board of Governors of the school rather
than for any other body.
In subsection (12) —
“
designated institution” means an institution that is a designated
institution for the purposes of Part 1 of the Further and Higher
Education Act 1992;
“
grant-aided school” has the meaning given by Article 2(2) of the
Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594
(N.I. 3));
“
proprietor” has the meaning given by section 579(1) of the Education
Act 1996;
“
school maintained by a local authority” has the same meaning as in the
School Standards and Framework Act 1998 (see section 142(1) of that
Act).
In this Chapter—
“public authority” has the meaning given by Part 3 of Schedule 2 ;
references to a person who “works for” a public authority are to be
read in accordance with
subsection (3)
of
section 25
as if
paragraph
(h)
of that subsection were omitted.
The appropriate national authority may issue guidance for the purposes of this Chapter .
A public authority must have regard to any guidance issued under this section that applies to the authority.
The appropriate national authority must publish any guidance it issues under
this section
in such manner as it considers appropriate to bring it to the
attention of those public authorities to which it applies.
Subsections (1)
and
(2)
of
section 24
(meaning of “appropriate national
authority” and requirements for Secretary of State to obtain consent) apply
to guidance under
this section
as they apply to regulations under this Act.
A public authority or public official commits an offence if, in their capacity
as such an authority or official—
they act with the intention of misleading the public or are reckless as
to whether their act will do so, and
they know, or ought to know, that their act is seriously improper.
For the purposes of this section an act is seriously improper only if—
it meets the condition in subsection (3) , and
a reasonable person would consider it to be seriously improper, taking
account of all the circumstances of the case.
The condition mentioned in subsection (2) (a) is that the act—
involved dishonesty that was significant or repeated (whether by
means of falsehood, concealment, obfuscation or otherwise) in respect
of matters of significant concern to the public,
caused, or contributed to causing, harm to one or more other persons,
or had the potential to do so, and
departed significantly from what is to be expected in the proper
exercise of the person’s functions as a public authority or public official.
Nothing in
this section
applies to an act done for the purposes of journalism
by—
a recognised news publisher, within the meaning of Part 3 of the
Online Safety Act 2023 (see section 56 of that Act), or
a person in the course of working for such a publisher.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding six months or a fine not exceeding the statutory
maximum (or both);
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
It is a defence for a person charged with an offence under this section —
to prove that the act constituting the offence was necessary for the
proper exercise of any function of—
an intelligence service, or
the armed forces when engaged on active service, or
to show that they otherwise had a reasonable excuse for their act.
A person is taken to have shown the fact mentioned in subsection (6) (b) if—
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
the contrary is not proved beyond reasonable doubt.
In this section —
“
active service” means service in—
an action or operation against an enemy,
an operation outside the British Islands for the protection of
life or property, or
the military occupation of a foreign country or territory;
“
armed forces” means His Majesty's forces, within the meaning of the
Armed Forces Act 2006
;
“
harm” includes physical harm, psychological harm (including distress)
and economic loss;
“
the public” means the public in the United Kingdom and includes a
section of the public;
“
public authority” and “public official” have the meanings given by
Part
2
of
Schedule 2
.
For further provision in relation to offences under
this section
, see
Schedule
3
.
A person who holds public office commits an offence if—
they use their office to obtain a benefit (whether for themselves or
another person) or to cause another person to suffer a detriment, and
they know, or ought to know, that doing so is a seriously improper
act.
For the purposes of this section —
a person “uses” a public office they hold if they use or fail to use a
power or position they have (or purport to have) by virtue of the
office;
“benefit” and “detriment” mean any benefit or detriment, whether
temporary or permanent, including—
financial gain or loss;
protection or enhancement of, or damage to, a person’s
reputation;
a benefit or detriment of a physical or sexual nature;
an act is “seriously improper” if a reasonable person would consider
it to be seriously improper.
Where it falls to a jury to determine whether an act is seriously improper for
the purposes of
this section
, they must be directed to have regard to the
following matters—
the extent to which the act involved an intention to mislead or other
dishonesty;
the extent to which the act involved a conflict of interest or breach of
trust, particularly in relation to vulnerable individuals;
the nature and degree of any benefit obtained by the person (whether
for themselves or another person) as a result of the act;
the nature and degree of any detriment suffered by another person
as a result of the act;
the extent to which the act had the potential to undermine public
confidence in the person’s office, another person exercising public
functions or the exercise of public functions in general.
Subsection (3)
does not prevent the jury from having regard to any other
matters they consider relevant.
It is a defence for a person charged with an offence under
this section
to
show that they had a reasonable excuse for their act.
A person is taken to have shown the fact mentioned in subsection (5) if—
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under
this section
is liable, on conviction
on indictment, to imprisonment for a term not exceeding 10 years.
Proceedings for an offence under this section —
in England and Wales, may be brought only by or with the consent
of the Director of Public Prosecutions;
in Northern Ireland, may be brought only by or with the consent of
the Director of Public Prosecutions for Northern Ireland.
A person who holds public office commits an offence if—
by virtue of their office the person is under a duty to prevent, or to
prevent a risk of, another person suffering critical harm,
the person knows, or ought to know, that they are under the duty,
in breach of the duty, the person intentionally or recklessly causes, or
creates a significant risk of causing, another person to suffer critical
harm, and
the act constituting the breach falls far below what could reasonably
be expected of the person in the circumstances.
It is a defence for a person charged with an offence under this section to
show that they had a reasonable excuse for their act.
A person is taken to have shown the fact mentioned in subsection (2) if—
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under
this section
is liable, on conviction
on indictment, to imprisonment for a term not exceeding 14 years.
Proceedings for an offence under this section —
in England and Wales, may be brought only by or with the consent
of the Director of Public Prosecutions;
in Northern Ireland, may be brought only by or with the consent of
the Director of Public Prosecutions for Northern Ireland.
The matters in
subsection (1)
(a)
are to be determined as questions of law and
the judge must make any findings of fact necessary to decide those questions.
In this section—
“
critical harm” means death or serious injury;
“
serious injury” means—
in England and Wales and Northern Ireland, grievous bodily
harm within the meaning of the Offences against the Person
Act 1861;
in Scotland, severe injury (including psychological injury).
A person does not commit an offence under section
13
or
14
by virtue of an
act done outside the United Kingdom unless at the time of the act the person
is—
a United Kingdom national, or
habitually resident in the United Kingdom.
Where an offence under
section 13
or
14
is committed outside the United
Kingdom—
proceedings for the offence may be taken at any place in the United
Kingdom, and
the offence may for all incidental purposes be treated as committed
at any such place.
In the application of
subsection (2)
to Scotland, any such proceedings against
the person may be taken—
in any sheriff court district in which the person is apprehended or is
in custody, or
in such sheriff court district as the Lord Advocate may determine.
In
subsection (3)
“sheriff court district” is to be read in accordance with the
Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
A person “holds public office” for the purposes of this Part if they fall within Schedule 4 .
In determining whether a person falls within
Schedule 4
, it is irrelevant
whether or not they receive remuneration in respect of the office they hold.
The appropriate national authority may by regulations amend
Schedule 4
so
as to—
specify further descriptions of holders of public office, or
omit or modify a description of a holder of public office.
Regulations under subsection (3) are subject to the affirmative procedure.
The offence of misconduct in public office under the common law of England
and Wales is abolished.
Subsection (1) does not apply in relation to—
any act which was done before the coming into force of this section,
or
any act which began before the coming into force of this section and
continues after its coming into force.
Subsection (1) does not affect—
the liability of any person for an offence other than the offence of
misconduct in public office under the common law of England and
Wales, or
the civil liability of any person for the tort of misfeasance in public
office.
The offence of misconduct in public office under the common law of Northern
Ireland is abolished.
Subsection (1) does not apply in relation to—
any act which was done before the coming into force of this section,
or
any act which began before the coming into force of this section and
continues after its coming into force.
Subsection (1) does not affect—
the liability of any person for an offence other than the offence of
misconduct in public office under the common law of Northern Ireland,
or
the civil liability of any person for the tort of misfeasance in public
office.
Schedule 5
makes amendments of other legislation that are consequential on
this Part.
Schedule 6 contains amendments to legislation, and other provision—
requiring public authorities to have regard to guidance setting out
principles that promote the need to—
act with candour, transparency and frankness in their dealings
with UK inquiries and investigations,
support the inquisitorial nature of UK inquiries and
investigations,
assist UK inquiries and investigations to meet their objectives,
and
help UK inquiries and investigations to facilitate the
participation of certain descriptions of persons (“affected
persons”);
requiring that public authorities engage legal representatives to act
for them at UK inquiries and investigations only if, and so far as,
necessary and proportionate having regard to—
the comparative position of affected persons in respect of their
means to engage legal representatives,
the nature and extent of the obligations of public authorities
to assist in respect of disclosure and other matters, and
the importance of the issues under investigation and the need
for those issues to be investigated fairly, proportionately,
expeditiously and cost-effectively;
enabling concerns to be raised over the conduct of a public authority
or its legal representatives and requiring a response to any such
concerns;
requiring those conducting or participating in UK inquiries held under
the
Inquiries Act 2005
and inquests to have regard to an overriding
objective aimed at ensuring (among other matters) that affected persons
are able to participate fully and effectively in proceedings at the inquiry
or inquest;
providing for legal aid to be made available, without a means test, to
bereaved family members where a public authority is, or is represented
by, an interested person at an inquest or a participant in a Scottish
inquiry.
In this section —
“
inquest” means an inquest held under Part 1 of the Coroners and Justice
Act 2009 (and the reference to an “interested person” at such an inquest
has the same meaning as in that Part of that Act);
“
investigation” means an investigation under
Part 1
of the
Coroners and
Justice Act 2009
;
“
public authority” has the same meaning as in
Chapter 1
of
Part 2
(see
paragraph 2
of
Schedule 2
);
“
Scottish inquiry” means an inquiry held under the Inquiries into Fatal
Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2) (and
the reference to a participant at such an inquiry is to be read in
accordance with section 11(2)(b) of that Act);
“
UK inquiry” means—
an inquiry under the Inquiries Act 2005 , or
an inquiry to which
paragraph 2
of
Schedule 1
applies
(non-statutory inquiries),
which has been caused to be held by a United Kingdom Minister, within the meaning given by section 43 (1) of the Inquiries Act 2005 .
This Act binds the Crown, subject as follows.
No contravention by the Crown of a provision of this Act makes the Crown
criminally liable.
Subsection
(2)
does not affect the criminal liability of a person that is a servant
or agent of the Crown.
Nothing in this Act affects His Majesty in his private capacity (within the
meaning of the
Crown Proceedings Act 1947
) or otherwise.
Omit section 46 of the Victims and Prisoners Act 2024 (review of duty of candour in relation to major incidents).
The Secretary of State may by regulations make provision that is consequential
on this Act or on regulations made under it.
The Scottish Ministers may by regulations make provision that is consequential
on—
Part 5 of Schedule 1 , or
regulations under this Act made by the Scottish Ministers.
The Welsh Ministers may by regulations make provision that is consequential
on regulations under this Act made by the Welsh Ministers.
A Northern Ireland department may by regulations make provision that is
consequential on—
Part 6 of Schedule 1 , or
regulations under this Act made by that department.
The power to make regulations under
this section
includes power to amend,
repeal or revoke provision made by an enactment passed or made before the
end of the Session in which this Act is passed.
Regulations under
this section
are subject to the affirmative procedure if they
amend, repeal or revoke any provision of—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of Senedd Cymru, or
Northern Ireland legislation.
Regulations under
this section
to which
subsection (6)
does not apply are
subject to the negative procedure.
The “appropriate national authority”, in relation to regulations under this
Act, is—
the Secretary of State;
the Scottish Ministers, if the regulations contain only provision which
relates to Scottish devolved matters;
the Welsh Ministers, if the regulations contain only provision which
relates to Welsh devolved matters;
a Northern Ireland department, if the regulations contain only
provision which relates to Northern Ireland devolved matters.
The Secretary of State may not make regulations under this Act containing
provision—
which relates to a Scottish devolved matter, unless the Scottish
Ministers have consented to that provision;
which relates to a Welsh devolved matter, unless the Welsh Ministers
have consented to that provision;
which relates to a Northern Ireland devolved matter, unless a Northern
Ireland department has consented to that provision.
A power to make regulations under this Act includes power to make—
supplementary, incidental, transitional or saving provision;
different provision for different purposes or areas.
Regulations under this Act made by the Secretary of State are to be made by
statutory instrument.
Regulations under this Act made by the Welsh Ministers are to be made by
Welsh statutory instrument.
A power of a Northern Ireland department to make regulations under this
Act is exercisable by statutory rule for the purposes of the
Statutory Rules
(Northern Ireland) Order 1979
(S.I. 1979/1573 (N.I. 12)).
Where regulations under this Act made or to be made by the Secretary of
State—
are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of a resolution
of either House of Parliament;
are subject to the affirmative procedure, they may not be made unless
a draft of the statutory instrument containing them has been laid
before, and approved by a resolution of, each House of Parliament.
Where regulations under this Act made or to be made by the Welsh
Ministers—
are subject to the negative procedure, they are subject to the Senedd
annulment procedure (see section 37E of the Legislation (Wales) Act
2019 (anaw 4));
are subject to the affirmative procedure, they are subject to the Senedd
approval procedure (see section 37C of that Act).
Where regulations under this Act made or to be made by a Northern Ireland
department—
are subject to the negative procedure, they are subject to negative
resolution, within the meaning given by
section 41
(6)
of the
Interpretation Act (Northern Ireland) 1954
(c. 33 (N.I.));
are subject to the affirmative procedure, they may not be made unless
a draft of the regulations has been laid before and approved by a
resolution of the Northern Ireland Assembly.
See
sections 28
and
29
of the
Interpretation and Legislative Reform (Scotland)
Act 2010
(asp 10) for the meaning of “the negative procedure” and “the
affirmative procedure” in relation to regulations under this Act made or to
be made by the Scottish Ministers.
Any provision that may be made by regulations under this Act subject to the
negative procedure may be made by regulations subject to the affirmative
procedure.
If a draft of regulations under this Act would, apart from
this subsection
, be
treated for the purposes of the Standing Orders of either House of Parliament
as a hybrid instrument, it shall proceed in that House as if it were not such
an instrument.
In this section “Secretary of State” includes the Chancellor of the Duchy of
Lancaster.
This section does not apply to regulations under section 27 .
In this Act—
“
act” includes an omission or a course of conduct (and references to
doing an act are to be read accordingly);
“
body” means any entity (whether or not a legal person) other than an
individual, including—
a body corporate (whether or not established in the United
Kingdom),
a corporation sole,
a partnership, within the meaning of the Partnership Act 1890 ,
a limited partnership registered under the
Limited Partnership
Act 1907
,
a firm or other entity of a similar character to one within
paragraph (c) or (d) formed under the law of a country or
territory outside the United Kingdom, and
an unincorporated association;
“
court” includes—
any tribunal or body exercising the judicial power of the State,
and
a children’s hearing within the meaning of the Children’s
Hearings (Scotland) Act 2011 (asp 1) arranged by virtue of, or
for the purposes of, that Act or any other enactment;
“
enactment” includes—
an enactment comprised in subordinate legislation (as defined
in
section 21
of the
Interpretation Act 1978
),
an enactment comprised in, or in an instrument made under,
a Measure or Act of Senedd Cymru,
an enactment comprised in, or in an instrument made under,
an Act of the Scottish Parliament,
an enactment comprised in, or in an instrument made under,
Northern Ireland legislation, and
assimilated direct legislation;
“
further education provider” means—
in relation to England and Wales—
the proprietor, within the meaning given by
section
579
(1)
of the
Education Act 1996
, of a 16 to 19 Academy,
within the meaning given by section 1B of the
Academies Act 2010;
the governing body of an institution within the further
education sector, within the meaning of the Further and
Higher Education Act 1992 (see sections 90 and 91 of
that Act);
in relation to Scotland, a college of further education, within
the meaning of the Further and Higher Education (Scotland)
Act 2005 (see section 35(1) of that Act);
in relation to Northern Ireland, the governing body of an
institution of further education, within the meaning of the
Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772
(N.I. 15) (see Article 2(2) of that Order);
“
government department” means any department of His Majesty’s
Government;
“
intelligence service” means each of the Security Service, the Secret
Intelligence Service and the Government Communications
Headquarters;
“
local authority” means—
in relation to England—
a county council, district council or parish council,
a London borough council,
the Greater London Authority,
the Common Council of the City of London,
the Council of the Isles of Scilly,
a combined authority established under
section 103
of
the
Local Democracy, Economic Development and
Construction Act 2009
, or
a combined county authority established under
section
9
(1)
of the
Levelling-up and Regeneration Act 2023
;
in relation to Scotland, a council for any local government area
constituted under
section 2
(1)
of the
Local Government etc.
(Scotland) Act 1994
;
in relation to Wales, a county council, a county borough council
or a community council;
in relation to Northern Ireland, a district council;
“
Minister of the Crown” has the same meaning as in the Ministers of
the Crown Act 1975;
“
NHS body”—
in relation to England, has the meaning given by section 275 (1) of the National Health Service Act 2006 ;
in relation to Scotland, means—
a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ,
a Special Health Board constituted under that section,
the Common Services Agency for the Scottish Health
Service constituted under section 10 of that Act, or
Healthcare Improvement Scotland established under
section 10A of that Act;
in relation to Wales, has the meaning given by section 206 (1) of the National Health Service (Wales) Act 2006 ;
in relation to Northern Ireland, means any of the health and
social care bodies, within the meaning of the
Health and Social
Care (Reform) Act (Northern Ireland) 2009
(c. 1 (N.I.)) (see
section 1(5) of that Act);
“
Northern Ireland devolved authority” means—
the First Minister and deputy First Minister in Northern Ireland
acting jointly,
a Northern Ireland Minister, or
a Northern Ireland department;
“
police force” means—
a police force maintained under section 2 of the Police Act
1996;
the metropolitan police force;
the City of London police force;
the Police Service of Scotland;
the Police Service of Northern Ireland;
the Police Service of Northern Ireland Reserve;
the British Transport Police Force;
the Civil Nuclear Constabulary;
the Ministry of Defence Police;
the National Crime Agency;
“
policing body” means—
a police and crime commissioner;
the Mayor's Office for Policing and Crime;
the Common Council of the City of London as police authority
for the City of London police area;
the Scottish Police Authority;
the Northern Ireland Policing Board;
the British Transport Police Authority;
the Civil Nuclear Police Authority;
the Secretary of State, in relation to the Ministry of Defence
Police;
“
regular or reserve forces” has the meaning given by
section 374
of the
Armed Forces Act 2006
, and includes an association established for
the purposes of
Part 11
of the
Reserve Forces Act 1996
;
“school” means—
in relation to England and Wales, the proprietor, within the
meaning given by
section 579
(1)
of the
Education Act 1996
, of—
a school maintained by a local authority, within the
meaning of the School Standards and Framework Act
1998 (see section 142(1) of that Act), or
an Academy school or an alternative provision
Academy;
in relation to Scotland, the managers of a grant-aided school,
within the meaning given by the Education (Scotland) Act 1980
(see section 135 of that Act);
in relation to Northern Ireland, the Board of Governors of a
grant-aided school, within the meaning given by
Article 2
(2)
of the
Education and Libraries (Northern Ireland) Order 1986
(S.I. 1986/594 (N.I. 3));
“
United Kingdom national” means—
a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,
a person who, under the
British Nationality Act 1981
, is a
British subject, or
a British protected person, within the meaning of that Act .
References in this Act to “the person leading” an inquiry or investigation are
to—
in the case of an inquiry under the Inquiries Act 2005, the chair of the
inquiry;
in the case of an investigation under Part 1 of the Coroners and Justice
Act 2009, the senior coroner who is conducting the investigation;
in the case of an investigation by the procurator fiscal under
section
1
(1)
(a)
of the
Inquiries into Fatal Accidents and Sudden Deaths etc.
(Scotland) Act 2016
(asp 2), the procurator fiscal;
in the case of an inquiry under that Act, the sheriff who is conducting
the inquiry;
in the case of an inquest under the Coroners Act (Northern Ireland)
1959 (c. 15 (N.I.)), the coroner who is holding the inquest;
in any other case, the person with overall responsibility for the conduct
of the inquiry or investigation (or, if there is more than one such
person, any one of them).
For the purposes of this Act, a person “works for” another (A) if—
the person works under a contract of employment with A;
the person works under a contract of apprenticeship with A;
the person works under a contract to do work personally with A;
in England and Wales or Scotland, the person is an agency worker,
within the meaning of the
Agency Workers Regulations 2010
(S.I.
2010/93), in respect of whom A is the hirer, within the meaning of
those regulations;
in Northern Ireland, the person is an agency worker, within the
meaning of the
Agency Workers Regulations (Northern Ireland) 2011
(S.R. 2011/350), in respect of whom A is the hirer, within the meaning
of those regulations;
where A is a police force, the person is in relation to A—
a member, constable or special constable, or
a community support volunteer or policing support volunteer
designated under section 38 of the Police Reform Act 2002;
the person is in Crown employment under or for the purposes of A;
the person otherwise exercises functions on behalf of A.
In subsection (3) (g) “Crown employment”—
in relation to England and Wales and Scotland, has the meaning given
by
section 191
(3)
of the
Employment Rights Act 1996
,
in relation to Northern Ireland, has the meaning given by
Article 236
(3)
of the
Employment Rights (Northern Ireland) Order 1996
(S.I.
1996/1919 (N.I. 16)),
and includes service as a member of the regular or reserve forces and employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996 .
For the purposes of this Act—
something relates to Scottish devolved matters so far as it relates to
any matter provision about which would be within the legislative
competence of the Scottish Parliament if it were contained in an Act
of that Parliament;
something relates to Welsh devolved matters so far as it relates to any
matter provision about which would be within the legislative
competence of Senedd Cymru if it were contained in an Act of the
Senedd (ignoring any requirement for the consent of a Minister of the
Crown imposed under
Schedule 7B
to the
Government of Wales Act
2006
);
something relates to Northern Ireland devolved matters so far as it
relates to any matter provision about which—
would be within the legislative competence of the Northern
Ireland Assembly if it were contained in an Act of that
Assembly, and
would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the
Secretary of State under
section 8
of the
Northern Ireland Act
1998
.
Except as provided by subsection (2) —
Part 4 extends to England and Wales and Scotland only.
Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the provision amended or repealed.
This Part comes into force on the day on which this Act is passed.
The rest of this Act comes into force—
for the purposes of making regulations, on the day on which this Act
is passed;
for remaining purposes, on such day as the appropriate authority may
by regulations (or, if the appropriate authority is the Department of
Justice in Northern Ireland, by order) appoint; and different days may
be appointed for different purposes or areas.
The appropriate authority may by regulations (or, if the appropriate authority
is the Department of Justice in Northern Ireland, by order) make transitional
or saving provision in connection with the coming into force of any provision
of this Act.
The power to make regulations or an order under
subsection (3)
includes
power to make different provision for different purposes or areas.
In this section “the appropriate authority” means—
except as provided by paragraph (b) or (c) , the Secretary of State;
in the case of regulations that bring into force Part 5 of Schedule 1 or Part 5 of Schedule 6 , the Scottish Ministers;
in the case of an order that brings into force
Part 6
of
Schedule 1
, the
Department of Justice in Northern Ireland.
Regulations under
this section
made by the Secretary of State are to be made
by statutory instrument.
An order under
this section
made by the Department of Justice in Northern
Ireland is to be made by statutory rule for the purposes of the
Statutory Rules
(Northern Ireland) Order 1979
(S.I. 1979/1573 (N.I. 12)).
In
this section
“Secretary of State” includes the Chancellor of the Duchy of
Lancaster.
This Act may be cited as the Public Office (Accountability) Act 2026.
The Inquiries Act 2005 is amended as follows.
“23A Duty of candour and assistance: directions
(1)
As soon as reasonably practicable after the start of an inquiry, the
chair of the inquiry must (subject to subsections (10) and (11) ) give a compliance direction—(a)
to a public authority or public official, or
(b)
to a person who had a relevant public responsibility in
connection with an incident to which the inquiry relates,if it appears to the chair that the following condition is met.
(2)
The condition is that—
(a)
the person’s acts are relevant to the inquiry or the person
otherwise has information that is relevant, and(b)
where the person is an individual, compliance with their
obligations imposed by virtue of the direction would assist the inquiry to meet its objectives.(3)
Subsection (1) does not limit the power of the chair to give a
compliance direction at any other time during the course of the inquiry.(4)
Where a compliance direction is given to a public authority or to a
body within subsection (1) (b) , a compliance direction must also be given to the individual appearing to the chair to be in charge of that authority or body.(5)
A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed by—(b)
in the case of a direction given to an individual under subsection (4) , section 2 (5) of that Act.
(6)
A compliance direction—
(a)
must be given in writing;
(b)
must set out the terms of reference of the inquiry;
(c)
must include a description of the matters or issues to be
covered in complying with the direction and may specify further requirements to be complied with (and may specify the form and manner in which, and the period within which, obligations imposed by virtue of the direction are to be complied with);(d)
may be varied, supplemented or revoked by the giving of
a further direction.(7)
(8)
Subsections (3) to (5) of section 21 apply to a compliance direction
as they apply to a notice under that section.(9)
The duty of candour and assistance does not require a person to
give, produce or provide any evidence, document or other thing that—(a)
they could not be required to give, produce or provide under
section 21 by virtue of the application of section 22(1) (privileged information etc), or(b)
they are permitted or required to withhold on grounds of
public interest immunity (see section 22).(10)
A requirement under this section to give a person a compliance
direction in respect of an inquiry does not require or authorise the imposition of any requirement that could not be imposed in the exercise of a power to give such a direction by virtue of section 27(3), 28(3) and (4), 29(3) and (4) or 30(4) and (6).(11)
A compliance direction that would require the provision of protected
information from an individual—(a)
in a case where the information concerned relates to security
or intelligence (within the meaning given by section 1(9) of the Official Secrets Act 1989), may be given only to a public official who works (or used to work) for an intelligence service;(b)
in any other case, may be given only to a public official who
works (or used to work) for a relevant public authority,and an individual is not required to provide any protected information in response to a direction given in contravention of this subsection.
(12)
Before the chair of an inquiry gives a compliance direction to an
individual who works (or used to work) for a public authority (and so far as the direction relates to the individual’s work for the authority), the chair must consult the authority for the purpose of ensuring that compliance with the obligations imposed by virtue of the direction will assist the inquiry to meet its objectives.(13)
A person ceases to be subject to the duty of candour and assistance
when the inquiry to which it relates ends.(14)
In this section—
(a)
the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2026—“
body”;“
duty of candour and assistance”;“
intelligence service”;“
protected information”;“
public authority”;“
public official”;“
relevant public authority”;(b)
the reference to a person who had a relevant public
responsibility in connection with an incident is to be read in accordance with section 4 of that Act;
In each of the following provisions, after “section 21” insert “or 23A ”—
section 27(3) (limitation of section 21 powers in relation to United
Kingdom inquiries);
section 28(3) (limitation of section 21 powers in relation to Scottish
inquiries);
section 29(3) (limitation of section 21 powers in relation to Welsh
inquiries);
section 30(4) and (6) (limitation of section 21 powers in relation to
Northern Ireland inquiries).
“(9)
In the case of a person to whom a direction under section 23A is
given, see section 5 of the Public Office (Accountability) Act 2026 (offence of failing to comply with duty of candour and assistance).”
In
section 36
(enforcement by High Court or Court of Session), in
subsection
(1)
(a)
for “or 21” substitute “, 21 or
23A
”.
This paragraph applies where—
a Minister has caused a non-statutory inquiry to be held,
the inquiry’s functions include the delivery of a report to the
Minister with a view to its publication, and
the Minister has given written confirmation to the person leading
the inquiry (“the chair”) that it appears to the Minister that the
inquiry relates to a case where—
particular events have caused, or are capable of causing,
public concern, or
there is public concern that particular events have occurred.
As soon as reasonably practicable after the start of the inquiry, the chair
must (subject to sub-paragraphs (11) and
(12)
) give a compliance direction—
to a public authority or public official, or
to a person who had a relevant public responsibility in connection
with an incident to which the inquiry relates,
if it appears to the chair that the following condition is met.
The condition is that—
the person’s acts are relevant to the inquiry or the person otherwise
has information that is relevant, and
where the person is an individual, compliance with their obligations
imposed by virtue of the direction would assist the inquiry to meet
its objectives.
Sub-paragraph
(2)
does not limit the power of the chair to give a compliance
direction at any other time during the course of the inquiry.
A “compliance direction” is a direction to comply with the obligations
under the duty of candour and assistance imposed by—
A compliance direction—
must be given in writing;
must set out the terms of reference of the inquiry;
must include a description of the matters or issues to be covered
in complying with the direction and may specify further
requirements to be complied with (and may specify the form and
manner in which, and the period within which, obligations imposed
by virtue of the direction are to be complied with);
may be varied, supplemented or revoked by the giving of a further
direction.
The reference to a report in
sub-paragraph (1)
(b)
is to a report that sets
out—
the facts determined by the chair, and
the recommendations of the chair (where the inquiry’s terms of
reference require the chair to make recommendations).
The provisions of the
Inquiries Act 2005
(“the 2005 Act”) listed in the first
column of the Table apply, to the extent specified in the corresponding
entry in the second column, to a non-statutory inquiry in relation to which
the duty of candour and assistance applies by virtue of this paragraph as
they apply to an inquiry under the 2005 Act—
|
Provision of 2005 Act |
Extent of application |
|---|---|
|
Section 17 (evidence and procedure) |
Apply only in relation to procedure and conduct of inquiry so far as relating to requirements imposed under the duty of candour and assistance |
|
Sections 19 and 20 (restrictions on public access etc) |
Apply only in relation to restrictions imposed in respect of evidence etc given in compliance with the duty of candour and assistance |
|
Section 21(3) to (5) (contents of, and challenges to, notices) |
Apply to a compliance direction as they apply to a notice under section 21 of the 2005 Act |
|
Section 22(1) (privileged information etc) |
Applies in respect of evidence etc given under
the duty of candour and assistance as it
applies to evidence etc given under
section |
|
Section 22(2) (public interest immunity) |
Applies only in relation to evidence or documents that would otherwise be required to be produced under the duty of candour and assistance |
|
Section 23 (risk of damage to the economy) |
Applies to information that is provided in compliance with the duty of candour and assistance |
|
Section 27(3) and (4) (United Kingdom inquiries) |
Apply in respect of the power to give a
compliance direction as they apply in respect
of the power to give a notice under
section |
|
Section 28(3) and (4) (Scottish inquiries) |
Apply in respect of the power to give a
compliance direction as they apply in respect
of the power to give a notice under
section |
|
Section 29(3) and (4) (Welsh inquiries) |
Apply in respect of the power to give a
compliance direction as they apply in respect
of the power to give a notice under
section |
|
Section 30(4) to (6) (Northern Ireland inquiries) |
Apply in respect of the power to give a
compliance direction as they apply in respect
of the power to give a notice under
section |
|
Section 36 (enforcement by High Court or Court of Session) |
Applies to a failure to comply etc with a compliance direction as it applies to a failure etc to comply with a notice under section 21 of the 2005 Act . |
The requirement under
this paragraph
to give a person a compliance
direction does not require or authorise the imposition of any requirement
that could not be imposed in the exercise of a power to give such a direction
by virtue of the application by
sub-paragraph (10)
of a provision of
the
2005 Act
.
A compliance direction requiring the provision of protected information
from an individual—
in a case where the information concerned relates to security or
intelligence (within the meaning given by section 1(9) of the Official
Secrets Act 1989), may be given only to a public official who works
(or used to work) for an intelligence service;
in any other case, may be given only to a public official who works
(or used to work) for a relevant public authority,
and an individual is not required to provide any protected information in response to a direction given in contravention of this sub-paragraph.
Before the chair of an inquiry gives a compliance direction to an individual
who works (or used to work) for a public authority (and so far as the
direction relates to their work for the authority), the chair must consult the
authority for the purpose of ensuring that compliance with the obligations
imposed by virtue of the direction will assist the inquiry to meet its
objectives.
A person ceases to be subject to the duty of candour and assistance when
the inquiry to which it relates comes to an end (and in determining when
a non-statutory inquiry comes to an end,
section 14
of
the 2005 Act
applies
as it applies to an inquiry under
that Act
).
In this paragraph —
references to a non-statutory inquiry are to an inquiry (however
described) that is held otherwise than under
the 2005 Act
or another
enactment;
the reference to a person who had a relevant public responsibility
in connection with an incident is to be read in accordance with
section 4
;
This paragraph
applies in relation to the giving of a compliance direction
under
paragraph 2
to a person.
The direction may be given to the person by—
delivering a copy of it to the person,
leaving a copy of it at the person’s proper address,
sending a copy of it by post to the person at that address, or
sending a copy of it by email to the person’s email address.
A direction to a body corporate may be given in accordance with sub-paragraph (2) to any officer of that body.
A direction to a partnership may be given in accordance with
sub-paragraph
(2)
to any partner or to a person who has the control or management of
the partnership business.
A direction to a body that is not a legal person under the law under which
it is formed (other than a partnership) may be given in accordance with
sub-paragraph (2)
to any member of its governing body.
The person’s proper address is—
in the case of a body that has a registered or principal office, the
address of that office;
in any other case, any address at which the person giving the
direction reasonably believes that the direction will come to the
attention of the person to whom the direction is being given.
In the case of a body registered or carrying on business outside the United
Kingdom, or with offices outside the United Kingdom, the reference in
sub-paragraph (6)
to its principal office includes—
its principal office in the United Kingdom, or
if the body has no principal office in the United Kingdom, any place
in the United Kingdom at which the person giving the direction
reasonably believes that the direction will come to the attention of
any director or other officer of that body.
For the purposes of sub-paragraph (2) (d) , a person’s email address is—
any email address published for the time being by the person as
an address for contacting them, or
if there is no such published address, any email address by means
of which the person giving the direction reasonably believes that
the direction will come to the attention of the person to whom it is
given or (where that person is a body) any director or other officer
of that body.
In this paragraph —
“
director” includes any person occupying the position of a director,
by whatever name called;
“
officer”, in relation to a body, includes a director, a manager, a
partner, an associate, a secretary or, where the affairs of the entity
are managed by its members, a member.
This paragraph applies where—
a local authority in England has caused an inquiry (however
described) to be established,
the terms of reference of the inquiry do not require it to determine
any fact, or make any recommendation, that is not wholly or
primarily concerned with a local authority matter,
the inquiry’s functions include the delivery of a report to the
authority with a view to its publication, and
the authority has given written confirmation to the person leading
the inquiry (“the chair”) that it appears to the authority that the
inquiry is established in connection with an event or series of events
in respect of which the condition in sub-paragraph
(2)
is met.
The condition is that the event (or series of events) caused, or created a
significant risk of causing—
death or serious physical or psychological harm, or
substantial economic loss to one or more persons as a result of
conduct involving dishonesty, impropriety or a serious breach of
ethical or professional standards.
The duty to comply with the obligation under
section 2
(3)
in relation to
the inquiry does not apply to—
a Minister of the Crown, a government department, the Scottish
Ministers, the Welsh Ministers or a Northern Ireland devolved
authority, or
an individual who is a public official by virtue of working for, or
otherwise holding office under, a public authority within
paragraph
(a)
.
As soon as reasonably practicable after the start of the inquiry, the chair
must (subject to sub-paragraphs
(13)
and
(14)
) give a compliance direction—
to a public authority or public official, or
to a person who had a relevant public responsibility in connection
with an incident to which the inquiry relates,
if it appears to the chair that the following condition is met.
The condition is that—
the person’s acts are relevant to the inquiry or the person otherwise
has information that is relevant, and
where the person is an individual, compliance with their obligations
imposed by virtue of the direction would assist the inquiry to meet
its objectives.
Sub-paragraph (4)
does not limit the power of the chair to give a compliance
direction at any other time during the course of the inquiry.
Where a compliance direction is given to a public authority or body within
sub-paragraph (4)
(b)
, a compliance direction must also be given to the
individual appearing to the chair to be in charge of that authority or body.
A “compliance direction” is a direction to comply with the obligations
under the duty of candour and assistance imposed by—
in the case of a direction given to an individual under
sub-paragraph
(7)
, section
2
(5)
.
A compliance direction—
must be given in writing;
must set out the terms of reference of the inquiry;
must include a description of the matters or issues to be covered
in complying with the direction and may specify further
requirements to be complied with (and may specify the form and
manner in which, and the period within which, obligations imposed
by virtue of the direction are to be complied with);
may be varied, supplemented or revoked by the giving of a further
direction.
The reference to a report in
sub-paragraph (1)
(c)
is to a report that sets
out—
the facts determined by the chair, and
the recommendations of the chair (where the purposes of the inquiry
include the making of recommendations).
The provisions of the
Inquiries Act 2005
(“the 2005 Act”) listed in the first
column of the Table apply, to the extent specified in the corresponding
entry in the second column, to an inquiry in relation to which the duty of
candour and assistance applies by virtue of this paragraph as they apply
to an inquiry under the 2005 Act—
|
Provision of 2005 Act |
Extent of application |
|---|---|
|
Section 17 (evidence and procedure) |
Apply only in relation to procedure and conduct of inquiry so far as relating to requirements imposed under the duty of candour and assistance |
|
Sections 19 and 20 (restrictions on public access etc) |
Apply only in relation to restrictions imposed in respect of evidence etc given in compliance with the duty of candour and assistance |
|
Section 21(3) to (5) (contents of, and challenges to, notices) |
Apply to a compliance direction as they
apply to a notice under
section 21
of
the 2005 |
|
Section 22(1) (privileged information etc) |
Applies in respect of evidence etc given
under the duty of candour and assistance as
it applies to evidence etc given under
section |
|
Section 22(2) (public interest immunity) |
Applies only in relation to evidence or documents that would otherwise be required to be produced under the duty of candour and assistance |
|
Section 36 (enforcement by High Court or Court of Session) |
Applies to a failure to comply etc with a compliance direction as it applies to a failure etc to comply with a notice under section 21 of the 2005 Act . |
A compliance direction—
may be given only—
in respect of evidence, documents or other things that are
wholly or primarily concerned with a local authority matter,
or
for the purpose of inquiring into something that is wholly
or primarily a local authority matter;
may not be given so as to require any evidence, document or other
thing to be given, produced or provided by or on behalf of His
Majesty’s Government in the United Kingdom, the Scottish Ministers,
the Welsh Ministers or a Northern Ireland Minister (including the
First Minister and the deputy First Minister acting jointly).
A compliance direction requiring the provision of protected information
from an individual—
in a case where the information concerned relates to security or
intelligence (within the meaning given by section 1(9) of the Official
Secrets Act 1989), may be given only to a public official who works
(or used to work) for an intelligence service;
in any other case, may be given only to a public official who works
(or used to work) for a relevant public authority,
and an individual is not required to provide any protected information in response to a direction given in contravention of this sub-paragraph.
Before the chair of an inquiry gives a compliance direction to an individual
who works (or used to work) for a public authority (and so far as the
direction relates to their work for the authority), the chair must consult the
authority for the purpose of ensuring that compliance with the obligations
imposed by virtue of the direction will assist the inquiry to meet its
objectives.
A person ceases to be subject to the duty of candour and assistance when
the inquiry to which it relates comes to an end.
In determining when an inquiry established by a local authority comes to
an end for the purposes of sub-paragraph
(16)
, section 14 of the Inquiries
Act 2005 applies as it applies to an inquiry under that Act as if—
references in that section to the Minister were to the authority, and
subsection (4)(b) of that section were omitted.
In this paragraph—
references to a local authority in England do not include a parish
council;
references to a “local authority matter”, in relation to a local
authority, are to any matter—
which relates to the area of the authority, and
in respect of which the authority exercises functions;
“terms of reference”, in relation to an inquiry established by a local
authority, means—
the matters to which the inquiry relates;
any particular matters as to which the chair is to determine
the facts;
whether the chair is to make recommendations;
any other matters relating to the scope of the inquiry that
the local authority may specify;
the reference to a person who had a relevant public responsibility
in connection with an incident is to be read in accordance with
section
4
.
The Coroners and Justice Act 2009 is amended as follows.
“Duty of candour and assistance: directions
2A
(1)
A senior coroner who is conducting an investigation under this
Part must (subject to sub-paragraph (9) ) give a compliance direction—(a)
to a person who is a public authority or public official, or
(b)
to a person who had a relevant public responsibility in
connection with an incident to which the investigation relates,if the person is an interested person in relation to the investigation.
(2)
Sub-paragraph (1) does not limit the power of the senior coroner
to give a compliance direction at any other time during the course of the investigation.(3)
Where a compliance direction is given to a public authority or a
body within sub-paragraph (1) (b) , a compliance direction must also be given to the individual appearing to the senior coroner to be in charge of that authority or body, unless the senior coroner considers it would be contrary to the efficient and effective conduct of the investigation.(4)
A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed by—(b)
in the case of a direction given to an individual under sub-paragraph (3) , section 2 (5) of that Act.
(5)
A compliance direction—
(a)
must be given in writing;
(b)
must set out the purpose of the investigation (see section
5(1));(c)
must include a description of the matters or issues to be
covered in complying with the direction and may specify further requirements to be complied with (and may specify the form and manner in which, and the period within which, obligations imposed by virtue of the direction are to be complied with);(d)
may be varied, supplemented or revoked by the giving
of a further direction.(6)
(7)
Sub-paragraphs (3) to (8) of paragraph 1 apply to a compliance
direction as they apply to a notice under that paragraph (but for this purpose sub-paragraph (3)(a) of that paragraph applies as if the reference to paragraph 6 of Schedule 6 were a reference to section 5 of the Public Office (Accountability) Act 2026).(8)
The duty of candour and assistance does not require a person to
provide any information—(a)
that they could not be required to provide under
paragraph 1 by virtue of the application of paragraph 2(1);(b)
that they are permitted or required to withhold on grounds
of public interest immunity (see paragraph 2(2)).(9)
A compliance direction requiring the provision of protected
information from an individual—(a)
in a case where the information concerned relates to
security or intelligence (within the meaning given by section 1(9) of the Official Secrets Act 1989), may be given only to a public official who works (or used to work) for an intelligence service;(b)
in any other case, may be given only to a public official
who works (or used to work) for a relevant public authority,and an individual is not required to provide any protected information in response to a direction given in contravention of this subsection.
(10)
Before a senior coroner conducting an investigation gives a
compliance direction to an individual who works (or used to work) for a relevant public authority (and so far as the direction relates to their work for the authority), the senior coroner must consult the authority for the purpose of ensuring that compliance with the obligations imposed by virtue of the direction will assist the investigation to meet its objectives.(11)
A person ceases to be subject to the duty of candour and
assistance when the investigation to which it relates is completed or discontinued.(12)
In this paragraph—
(a)
the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2026—“
body”;“
duty of candour and assistance”;“
intelligence service”;“
protected information”;“
public authority”;“
public official”;“
relevant public authority”;(b)
the reference to a person who had a relevant public
responsibility in connection with an incident is to be read in accordance with section 4 of that Act;
In
Schedule 6
(offences), in
Part 2
(offences relating to witnesses and In the case of a person to whom a direction under
paragraph 2A
of Schedule 5 is given, see
section 5
of the Public Office
(Accountability) Act 2026 (offence of failing to comply with duty
of candour and assistance).”
evidence), after
paragraph 8
insert—
“8A
The
Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act
2016
(asp 2) is amended as follows.
“10A Duty of candour and assistance: directions
(1)
This section applies where the procurator fiscal is conducting an
investigation under section 1(1)(a) in relation to an inquiry.(2)
The procurator fiscal must (subject to subsection (14) ) give a
compliance direction to a person who—(a)
is a public authority or public official, or
(b)
had a relevant public responsibility in connection with an
incident to which the inquiry relates,if the procurator fiscal is satisfied of one or both of the matters in subsection (3) and, where the person is an individual, of the matter in subsection (4) .
(3)
The matters are—
(a)
that the person’s acts are or may be relevant to the inquiry
to which the investigation relates, or(b)
that the person otherwise has information likely to be
relevant to the inquiry to which the investigation relates.(4)
The matter is that compliance with the person’s obligations imposed
by virtue of the direction would assist the inquiry to which the investigation relates to meet its objectives.(5)
Subsection (2) does not limit the power of the sheriff under section
20A to require the procurator fiscal to give a compliance direction.(6)
Where a compliance direction is given to a public authority or other
body within subsection (2) (b) , a compliance direction must also be given to the individual appearing to the procurator fiscal to be in charge of that authority or body, unless the procurator fiscal considers it would be contrary to the efficient and effective conduct of the inquiry to which the investigation relates.(7)
A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed by—(b)
in the case of a direction given to an individual under subsection (6) , section 2 (5) of that Act.
(8)
A compliance direction—
(a)
must be given in writing;
(b)
must set out the purpose of the inquiry to which the
investigation relates;(c)
must include a description of the matters or issues to be
covered in complying with the direction and may specify further requirements to be complied with (and may specify the form and manner in which, and the period within which, obligations imposed by virtue of the direction are to be complied with);(d)
may be varied, supplemented or revoked by the giving of
a further direction.(9)
In determining the objectives of the inquiry to which the
investigation relates for the purposes of complying with the duty of candour and assistance under section 2 (4) of the Public Office (Accountability) Act 2026, regard is to be had (in particular) to the purpose set out in the compliance direction.(10)
A compliance direction must—
(a)
explain the possible consequences of not complying with the
direction;(b)
indicate what the person to whom the direction is given
should do if they wish to make a claim within subsection
(11) .(11)
A claim by a person that—
(a)
they are unable to comply with a requirement imposed by
a compliance direction, or(b)
it is not reasonable in all the circumstances to require them
to comply with such a requirement,is to be determined by the sheriff, who may revoke or vary the direction on that ground.
(12)
In deciding whether to revoke or vary a direction on the ground
mentioned in subsection (11) (b) , the sheriff must consider the public interest in the assistance in question being given, having regard to the likely importance of the assistance.(13)
The duty of candour and assistance does not require a person to
give, produce or provide any evidence, document or other thing that—(a)
they could not be required to give, produce or provide under section 21 of the Inquiries Act 2005 by virtue of the
application of section 22 (1) of that Act (privileged information etc), or(b)
they would be permitted or required to withhold under the Inquiries Act 2005 on grounds of public interest immunity
(see section 22 (2) of that Act ).(14)
A compliance direction requiring the provision of protected
information from an individual—(a)
in a case where the information concerned relates to security
or intelligence (within the meaning given by section 1(9) of the Official Secrets Act 1989), may be given only to a public official who works (or used to work) for an intelligence service;(b)
in any other case, may be given only to a public official who
works (or used to work) for a relevant public authority,and an individual is not required to provide any protected information in response to a direction given in contravention of this subsection.
(15)
Before the procurator fiscal gives a compliance direction to an
individual who works (or used to work) for a relevant public authority (and so far as the direction relates to their work for the authority), the procurator fiscal must consult the authority for the purpose of ensuring that compliance with the obligations imposed by virtue of the direction will assist the inquiry to which the investigation relates to meet its objectives.(16)
A person ceases to be subject to the duty of candour and assistance
when the inquiry to which the investigation relates ends.(17)
In this section—
(a)
the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2026—“
body”;“
duty of candour and assistance”;“
intelligence service”;“
protected information”;“
public authority”;“
public official”;“
relevant public authority”;(b)
the reference to a person who had a relevant public
responsibility in connection with an incident is to be read in accordance with section 4 of that Act;
“20A Duty of candour and assistance: further directions
(1)
Where an inquiry is, or is to be, held, the sheriff may (subject to section 10A (14) as applied by subsection (4) below) require the
procurator fiscal to give a compliance direction to a person who—(a)
is a public authority or public official, or
(b)
had a relevant public responsibility in connection with an
incident to which the inquiry relates,if the condition in subsection (2) is met.
(2)
The condition in this subsection is met if—
(a)
the person is a participant in the inquiry, or
(b)
the person is cited to attend and give evidence at the inquiry
by virtue of a warrant granted under section 15(3)(b).(3)
Where a compliance direction is given to a public authority or
other body within subsection (1) (b) , a compliance direction must also be given to the individual appearing to the sheriff to be in charge of that authority or body, unless the sheriff considers it would be contrary to the efficient and effective conduct of the inquiry.(4)
Subsections (7) to (17) of section 10A apply for the purposes of
this section as they apply for the purposes of that section (disregarding references to the procurator fiscal’s investigation).”
The
Coroners Act (Northern Ireland) 1959
(c. 15 (N.I.)) is amended as
follows.
“17BA Application of the duty of candour and assistance
(1)
A coroner who is making an investigation to determine whether or
not an inquest is necessary, or who proceeds to hold an inquest, must give a compliance direction (subject to subsection (9) )—(a)
to a public authority or public official, or
(b)
to a person who had a relevant public responsibility in
connection with an incident to which the investigation relates,if the person is a properly interested person in the inquest.
(2)
Subsection (1) does not limit the power of the coroner to give a
compliance direction at any other time during the course of the inquest.(3)
Where a compliance direction is given to a public authority or other
body within subsection (1) (b) , a compliance direction must also be given to the individual appearing to the coroner to be in charge of that authority or body, unless the coroner considers it would be contrary to the efficient and effective conduct of the inquest.(4)
A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed by—(b)
in the case of a direction given to an individual under subsection (3) , section 2 (5) of that Act.
(5)
A compliance direction—
(a)
must be given in writing;
(b)
must set out the purposes of the investigation or inquest;
(c)
must include a description of the matters or issues to be
covered in complying with the direction and may specify further requirements to be complied with (and may specify the form and manner in which, and the period within which, obligations imposed by virtue of the direction are to be complied with);(d)
may be varied, supplemented or revoked by the giving of
a further direction.(6)
(7)
Subsections (3) to (5) of section 17A apply to a compliance direction
as they apply to a notice under that section (but for this purpose subsection (3)(a) of that section applies as if the reference to subsection (6) of that section were a reference to section 5 of the Public Office (Accountability) Act 2026).(8)
The duty of candour and assistance does not require a person to
provide any information—(a)
that they could not be required to provide under section
17A by virtue of the application of section 17B(2);(b)
that they are permitted or required to withhold on grounds
of public interest immunity (see section 17B(3)).(9)
A compliance direction requiring the provision of protected
information from an individual—(a)
in a case where the information concerned relates to security
or intelligence (within the meaning given by section 1(9) of the Official Secrets Act 1989), may be given only to a public official who works (or used to work) for an intelligence service;(b)
in any other case, may be given only to a public official who
works (or used to work) for a relevant public authority,and an individual is not required to provide any protected information in response to a direction given in contravention of this subsection.
(10)
Before the coroner gives a compliance direction to an individual
who works (or used to work) for a relevant public authority (and so far as the direction relates to their work for the authority), the coroner must consult the authority for the purpose of ensuring that compliance with the obligations imposed by virtue of the direction will assist the inquest to meet its objectives.(11)
A person ceases to be subject to the duty of candour and assistance
from such time as the inquest or (if there is no inquest) investigation to which the direction relates is completed.(12)
In this section—
(a)
the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2026—“
body”;“
duty of candour and assistance”;“
intelligence service”;“
protected information”;“
public authority”;“
public official”;“
relevant public authority”;(b)
the reference to a “properly interested person” is a reference
to a person designated as such in rules made under section 36(1)(b) of this Act;(c)
the reference to a person who had a relevant public
responsibility in connection with an incident is to be read in accordance with section 4 of the Public Office (Accountability) Act 2026;
“(7)
In the case of a person to whom a direction under section 17BA is
given, see section 5 of the Public Office (Accountability) Act 2026 (offence of failing to comply with duty of candour and assistance).”
The appropriate national authority may by regulations make provision for
the purpose of requiring or enabling the duty of candour and assistance
to be applied to a public authority or public official in respect of—
a specified investigation, or
investigations of a specified description.
An investigation or description of investigation may be specified in
regulations under
sub-paragraph (1)
only if it is of one (or more) of the
following kinds—
a criminal investigation;
a regulatory or supervisory investigation;
an investigation into the provision of public services;
an investigation into the exercise of public functions.
Regulations under
this paragraph
may also include provision requiring or
enabling the duty of candour and assistance to be applied to a person
who—
is not a public authority or public official, but
had a relevant public responsibility in connection with an incident
(read in accordance with
section 4
),
so far as that incident is or could be subject to the investigation or description of investigation specified in the regulations.
Regulations under this paragraph must include provision to secure that—
a person is not required to do anything under the duty of candour
and assistance if the person could not be required to do that thing
in civil proceedings before the High Court or, in Scotland, the Court
of Session;
the rules of law under which evidence or documents are permitted
or required to be withheld on grounds of public interest immunity
are applied in relation to the application of the duty of candour and
assistance in respect of the investigation, or description of
investigation, as they apply in relation to civil proceedings before
the High Court or, in Scotland, the Court of Session.
Regulations under this paragraph may—
confer functions on a person (including functions involving the
exercise of a discretion);
provide for exceptions from, or modifications to, the duty of candour
and assistance as applied under the regulations;
make provision by—
applying (with or without modifications) an enactment
(including an enactment contained in
this Part
), or
amending, repealing or revoking an enactment;
apply in relation to investigations whether beginning before or after
the coming into force of the regulations.
Subsection
(11)
of
section 23A
of the Inquiries Act 2005 (which provides
for safeguards in the case of compliance directions requiring protected
information from public officials) (as inserted by Part 1 of this Schedule)
applies to a compliance direction given by virtue of regulations under this
paragraph as it applies to a compliance direction given under that section.
Regulations under
this paragraph
, other than regulations to which
paragraph
9
applies (which addresses the making of regulations under
sub-paragraph
(1)
(a)
in urgent cases), are subject to the affirmative procedure.
In this paragraph —
“
criminal investigation” means an investigation of any criminal conduct,
and for this purpose “criminal conduct” means conduct which
constitutes an offence under the law of any part of the United
Kingdom;
“
investigation” includes any form of examination, inquiry or inquest;
“
public function” means any function of a public nature;
“
public services” means any service provided to, or the performance
of any power or duty in relation to, a person by a public authority;
“
regulatory or supervisory investigation” means an investigation carried
out under a power conferred by an enactment that is exercisable in
connection with—
the regulation of persons or activities, or
the checking or monitoring of compliance with professional
or other standards.
This paragraph
applies to regulations under
paragraph 8
made by the
appropriate national authority which—
include provision made by virtue of
sub-paragraph (1)
(a)
of
that
paragraph
in relation to a specified investigation, and
contain a statement made by the authority that, by reason of
urgency, it is necessary to make the regulations without a draft
being laid and approved in accordance with the affirmative
procedure.
Where
this paragraph
applies to regulations made by the Secretary of
State—
the statutory instrument containing the regulations must be laid
before Parliament as soon as reasonably practicable after being
made, and
the regulations cease to have effect at the end of the period of 40
days beginning with the day on which the instrument is made
unless, during that period, the instrument is approved by a
resolution of each House of Parliament.
Where
this paragraph
applies to regulations made by the Scottish
Ministers—
section 30
of the
Interpretation and Legislative Reform (Scotland)
Act 2010
does not apply to the regulations,
the Scottish statutory instrument containing the regulations must
be laid before the Scottish Parliament as soon as reasonably
practicable after being made, and
the regulations cease to have effect at the end of the period of 40
days beginning with the day on which the instrument is made
unless, during that period, the instrument is approved by a
resolution of the Scottish Parliament.
Where this paragraph applies to regulations made by the Welsh Ministers—
they are subject to the Senedd confirmation procedure (see section
37D of the Legislation (Wales) Act 2019 (anaw 4)), and
they cease to have effect at the end of the period of 40 days
beginning with the day on which the Welsh statutory instrument
containing them is made unless, during that period, they are
confirmed by a resolution of Senedd Cymru.
Where
this paragraph
applies to regulations made by a Northern Ireland
department, the regulations—
must be laid before the Northern Ireland Assembly as soon as
reasonably practicable after being made, and
cease to have effect at the end of the period of 40 days beginning
with the day on which they are made unless, during that period,
the regulations are approved by a resolution of the Assembly.
In calculating the period of 40 days—
for the purposes of
sub-paragraph (2)
(b)
, no account is to be taken
of any time during which—
Parliament is dissolved or prorogued, or
either House of Parliament is adjourned for more than four
days;
for the purposes of
sub-paragraph (3)
(c)
, no account is to be taken
of any time during which the Scottish Parliament is—
dissolved, or
in recess for more than four days;
for the purposes of
sub-paragraph (4)
(b)
, no account is to be taken
of any time during which the Senedd is—
dissolved, or
in recess for more than four days;
for the purposes of
sub-paragraph (5)
(b)
no account is to be taken
of any time during which the Northern Ireland Assembly is—
dissolved,
in recess for more than 4 days, or
adjourned for more than 6 days.
If regulations cease to have effect as a result of sub-paragraph (2) (b) , (3) (c) or (5) (b) that does not—
affect the validity of anything previously done under the regulations,
or
prevent the making of new regulations.
This Schedule contains provision about the meaning of “public authority”
and “public official” for the purposes of
Part 2
of this Act.
a government department,
a Minister of the Crown,
the Scottish Ministers,
the Welsh Ministers,
a Northern Ireland devolved authority,
any of the regular or reserve forces,
a police force or policing body,
a local authority,
an NHS body,
a school or further education provider, or
any other body that comes within sub-paragraph (2) .
A body comes within this sub-paragraph if—
it is not an excluded body, and
its functions—
are functions of a public nature, or
include functions of a public nature.
But a body within
sub-paragraph (2)
(b)
(ii)
is a public authority only to the
extent of its functions of a public nature.
The following are excluded bodies—
a court;
either House of Parliament;
the Scottish Parliament;
Senedd Cymru;
the Northern Ireland Assembly;
an implementation body, within the meaning given by section 55 (3) of the Northern Ireland Act 1998 .
In Chapters 1 and 3 of Part 2 , “public official” means (subject to sub-paragraph (6) ) an individual who—
works for a public authority (see section 25 (3) ),
otherwise holds office under a public authority, or
does not fall within
paragraph (a)
or
(b)
but holds a relevant public
office.
But an individual is a public official only to the extent of their functions
as such an official.
An individual holds a “relevant public office” if the individual—
is—
works for such a body or office, and
exercises functions of a public nature by virtue of falling within paragraph (a) .
The condition in this sub-paragraph is that the body or office is not a public
authority but—
is established by virtue of His Majesty’s prerogative,
is established by an enactment, or
is established in any other way by a Minister of the Crown, a
government department, the Scottish Ministers, the Welsh Ministers
or a Northern Ireland devolved authority.
The condition in this sub-paragraph is that—
in the case of a body, the body is wholly or mainly constituted by
appointment made by the Crown or by a person mentioned in
sub-paragraph (4)
(c)
;
in the case of an office, appointments to the office are made by the
Crown or by a person mentioned in
sub-paragraph (4)
(c)
.
An individual is not to be regarded as a public official for the purposes of Chapters 1 and 3 of Part 2 solely by virtue of—
acting in a judicial capacity or acting on the instructions of, or on
behalf of, an individual acting in a judicial capacity;
being employed in the civil service of the State, if they meet the
condition in
sub-paragraph (7)
;
serving as an elected member of a local authority, unless sub-paragraph (8) , (10) , (11) or (12) applies;
being appointed as a member of the Children’s Panel in accordance
with section 4 of the Children’s Hearings (Scotland) Act 2011 (asp
1);
holding an honour or dignity conferred by, or being in the private
service of, the Crown.
The condition referred to in sub-paragraph (6) (b) is that the individual—
was appointed to the civil service of the State for the purpose only
of exercising functions wholly outside the United Kingdom, and
exercises all of their functions wholly outside the United Kingdom.
This sub-paragraph applies if—
the local authority is a local authority in England, Wales or Northern
Ireland that operates executive arrangements, and
the individual is a member of the authority’s executive.
In sub-paragraph (8) “executive” and “executive arrangements”—
in relation to a local authority in England, have the same meanings
as in
Part 1A
of the
Local Government Act 2000
;
in relation to a local authority in Northern Ireland, have the same
meanings as in Parts 5 and 6 of the Local Government Act (Northern
Ireland) 2014 (c. 8 (N.I.)).
This sub-paragraph applies if the local authority is an authority in England
that is a combined authority or a combined county authority.
This sub-paragraph applies if—
the local authority is the Greater London Authority, and
the individual is the Mayor of London or the Deputy Mayor of
London.
This sub-paragraph applies if the local authority is a local authority in
Scotland and the individual is, in relation to the authority—
a convener elected in accordance with section 4(1) of the Local
Government etc. (Scotland) Act 1994,
a depute convener elected in accordance with section 4(2) of that
Act, or
a councillor designated by the authority for purposes relating to
the payment of remuneration, in accordance with regulations made
under section 11 of the Local Governance (Scotland) Act 2004 (asp
9), as—
the Leader of the Council,
the Civic Head, or
a senior councillor.
References in
Chapters 1
and
3
of
Part 2
to a public official include
references to an individual who was, but is no longer, such an official.
a government department,
the Scottish Ministers,
the Welsh Ministers,
a Northern Ireland devolved authority,
any of the regular or reserve forces,
a police force or policing body,
a local authority,
an NHS body,
a school or further education provider, or
any other body that meets the condition in sub-paragraph (2) or (3) and is not an excluded body.
A body meets the condition in this sub-paragraph if—
it is established—
by virtue of His Majesty’s prerogative,
by an enactment, or
in any other way by a Minister of the Crown, a government
department, the Scottish Ministers, the Welsh Ministers or
a Northern Ireland devolved authority, and
it is wholly or mainly constituted by appointment made by the
Crown or by a person mentioned in
paragraph (a)
(iii)
.
For the purposes of
sub-paragraph (3)
, “specified public functions” means
functions of a public nature of a description specified in regulations made
by the appropriate national authority.
Regulations under
sub-paragraph (4)
are subject to the affirmative
procedure.
Each of the following is an “excluded body” for the purposes of sub-paragraph (1) (j) —
a court;
either House of Parliament;
the Scottish Parliament;
Senedd Cymru;
the Northern Ireland Assembly;
an implementation body, within the meaning given by section 55 (3) of the Northern Ireland Act 1998 .
A person does not commit an offence under
section 5
or
12
by virtue of
an act done outside the United Kingdom unless at the time of the act the
person is—
a United Kingdom national,
an individual who is habitually resident in the United Kingdom, or
a body incorporated, or otherwise formed, under the law of any
part of the United Kingdom.
proceedings for the offence may be taken at any place in the United
Kingdom, and
the offence may for all incidental purposes be treated as having
been committed at any such place.
In the application of
sub-paragraph (2)
to Scotland, any such proceedings
against a person may be taken—
in any sheriff court district in which the person is apprehended or
is in custody, or
in such sheriff court district as the Lord Advocate may determine.
In
sub-paragraph (3)
“sheriff court district” is to be read in accordance with
the
Criminal Procedure (Scotland) Act 1995
(see section 307(1) of that Act).
in England and Wales, only by or with the consent of the Director
of Public Prosecutions;
in Northern Ireland, only by or with the consent of the Director of
Public Prosecutions for Northern Ireland.
a relevant person in relation to the body, or
a person purporting to act in the capacity of a relevant person in
relation to the body,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
“Relevant person”, in relation to a body, means—
in the case of a body corporate other than one whose affairs are
managed by its members, a director, manager, secretary or other
similar officer of the body;
in the case of a limited liability partnership or other body corporate
whose affairs are managed by its members, a member who exercises
functions of management with respect to it;
in the case of a corporation sole, the holder of that office;
in case of a limited partnership, a general partner, within the
meaning given by
section 3
of the
Limited Partnerships Act 1907
;
in the case of any other partnership, a partner;
in the case of any other kind of body, a person who exercises
functions of management with respect to it.
Proceedings for an offence under
section 5
or
12
alleged to have been
committed by an unincorporated body must be brought against the body
in its own name and not in that of any of its officers or members (but this
does not prevent an officer or member incurring liability by virtue of
paragraph 3
).
For the purposes of such proceedings—
rules of court relating to the service of documents have effect as if
the body were a body corporate;
the following provisions (which concern procedure in relation to
offences by bodies corporate) apply as they apply in relation to a
body corporate—
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ;
sections 34
(2)
,
66
(6AA)
and
72D
(2)
of the
Criminal Procedure
(Scotland) Act 1995
;
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Article 166 of, and Schedule 4 to, the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
A Minister of the Crown.
A member of the Scottish Government (see section 44 of the Scotland Act
1998) or a junior Scottish Minister (see section 49 of that Act).
A member of the Welsh Government (see section 45 of the Government of
Wales Act 2006).
A Minister or junior Minister within the meaning of the Northern Ireland
Act 1998 (see sections 7(3) and 19 of that Act).
A person employed in the civil service of the State.
A person does not fall within sub-paragraph (1) if the person—
was appointed to the civil service of the State for the purpose only
of exercising functions wholly outside the United Kingdom, and
exercises all of their functions wholly outside the United Kingdom.
A person, not falling within sub-paragraph (1) , who works for—
a government department,
the Scottish Ministers,
the Welsh Ministers, or
a Northern Ireland devolved authority.
A Member of either House of Parliament.
A relevant member of the House of Commons staff, within the meaning
given by section 195(5) of the Employment Rights Act 1996.
A relevant member of the House of Lords staff, within the meaning given
by section 194(6) of that Act.
A member of the Scottish Parliament.
A member of the staff of the Scottish Parliament within the meaning of the
Scotland Act 1998 (see paragraph 3(2) of Schedule 2 to that Act).
A member of Senedd Cymru.
A member of the staff of the Senedd, within the meaning given by
paragraph 3 of Schedule 2 to the Government of Wales Act 2006.
A member of the Northern Ireland Assembly.
A member of the staff of the Northern Ireland Assembly within the meaning
of the Northern Ireland Act 1998 (see paragraph 2(2) of Schedule 5 to that
Act).
A person—
serving with the police for the purposes of Part 2 of the Police
Reform Act 2002 (see section 12(7) of that Act), or
treated as serving with the police for the purposes of that Part (see
section 12(8) to (10) of that Act).
A local policing body, within the meaning given by section 101 of the Police
Act 1996.
A person who works for a local policing body.
A constable of the Police Service of Scotland, within the meaning of the
Police and Fire Reform (Scotland) Act 2012.
A member of the police staff within the meaning of that Act.
A police officer, within the meaning of the Police (Northern Ireland) Act
2000 (see section 77(1) of that Act).
A person who is a member of the police support staff, within the meaning
given by section 4(6) of that Act.
A person who is a member of or works for the Northern Ireland Policing
Board.
A constable, special constable or cadet of the British Transport Police Force
(and for these purposes, “constable” is to be construed in accordance with
section 75(6) of the Railways and Transport Safety Act 2003).
A person designated as a community support volunteer or a policing
support volunteer of the British Transport Police Force under section 38 of
the Police Reform Act 2002 (as applied by section 28 of the Railways and
Transport Safety Act 2003).
A person who is a member of or works for the British Transport Police
Authority.
A person serving with the Civil Nuclear Constabulary.
For the purposes of
sub-paragraph (1)
, sections 12(7)(a) and (aa) and (8) to
(10) of the Police Reform Act 2002 apply as if—
the Civil Nuclear Constabulary were a force maintained by a local
policing body, and
the reference in section 12(10) of that Act to a local policing body
were to the Civil Nuclear Police Authority.
A person who is a member of or works for the Civil Nuclear Police
Authority.
A person serving with the Ministry of Defence Police.
For the purposes of sub-paragraph (1), sections 12(7)(a) and (aa) and (8) to
(10) of the Police Reform Act 2002 apply as if—
the Ministry of Defence Police were a force maintained by a local
policing body, and
the reference in section 12(10) of that Act to a local policing body
were to the Secretary of State.
A person who is a member of or works for the Ministry of Defence Police
Committee.
A port constable, within the meaning of section 7 of the Marine Navigation
Act 2013.
A person appointed to act as a constable under provision made by virtue
of section 16 of the Harbours Act 1964.
A person appointed under section 79 of the Harbours, Docks and Piers
Clauses Act 1847.
A person appointed to be a constable under Article 19 of the Airports
(Northern Ireland) Order 1994 (S.I. 1994/426 (N.I. 1)).
An NCA officer, within the meaning of Part 1 of the Crime and Courts Act
2013 (see section 16(1) of that Act).
A member of a fire and rescue authority, within the meaning of Part 1 of
the Fire and Rescue Services Act 2004.
A member of the Scottish Fire and Rescue Service.
A member of the Northern Ireland Fire and Rescue Service Board.
A person (other than a person employed in the civil service of the State)
who exercises core functions in relation to persons in state detention.
In sub-paragraph (1), “core functions” means—
custodial or escort functions, or
functions involving the provision of healthcare or education, so far
as carried out at a place of state detention.
Subject to
sub-paragraph (4)
, a person is in state detention if the person is
compulsorily detained by a public authority within the meaning of section
6 of the Human Rights Act 1998.
A person is not in state detention at any time when they are detained in
circumstances amounting to a deprivation of liberty by virtue of any of the
following—
sections 4A(3) or (5) or 4B of the Mental Capacity Act 2005;
the Adults with Incapacity (Scotland) Act 2000 (asp 4);
Part 2 of the Mental Capacity Act (Northern Ireland) 2016 (c. 18
(N.I.)).
A member of the Parole Board (see section 239 of the Criminal Justice Act
2003).
A member of the Parole Board for Scotland.
A Parole Commissioner for Northern Ireland.
A member of an independent monitoring board, appointed under section
6 of the Prison Act 1952 or section 10 of the Prison Act (Northern Ireland)
1953 (c. 18 (N.I.)).
A member of a Visiting Committee, appointed under section 152 of the
Immigration and Asylum Act 1999.
A prison monitoring co-ordinator appointed under section 7A of the Prisons
(Scotland) Act 1989 or prison monitor appointed under section 7C of that
Act.
A person approved under Rule 14 of the Juvenile Justice Centre Rules
(Northern Ireland) 2008 (S.R. (N.I.) 2008 No. 427).
A person who is any of the following—
a judge of the Supreme Court;
the Lord Chief Justice of England and Wales;
a judicial office holder, within the meaning given by section 109(4)
of the Constitutional Reform Act 2005;
the holder of a sitting in retirement office under section 123 of the
Public Service Pensions and Judicial Offices Act 2022;
the Lord President or Lord Justice Clerk of the Court of Session;
a judicial office holder, within the meaning of Part 2 of the Judiciary
and Courts (Scotland) Act 2008 (asp 6) (see section 43 of that Act);
a member of the Scottish Tribunals, within the meaning of the
Tribunals (Scotland) Act 2014 (see section 13(3) of that Act);
a member of the Children’s Panel appointed in accordance with
section 4 of the Children’s Hearings (Scotland) Act 2011 (asp 1);
a member of the Lands Tribunal for Scotland or Scottish Land Court
(including the Deputy Chairman of that Court);
the President of, or a member of, the Mental Health Tribunal for
Scotland;
the Lord Chief Justice of Northern Ireland;
a Lord Justice of Appeal in Northern Ireland;
the holder of an office mentioned in Schedule 1 to the Justice
(Northern Ireland) Act 2002;
the Chief Coroner or a Deputy Chief Coroner appointed under
Schedule 8 to the Coroners and Justice Act 2009;
a senior coroner, area coroner or assistant coroner appointed under
Schedule 3 to that Act;
a member of the panel of chairmen of reserve forces appeal tribunals;
a member of the panel of ordinary members of reserve forces appeal
tribunals;
any other member of a court or tribunal in which legal proceedings
may be brought.
Any other person (other than a person employed in the civil service of the
State) who—
works for a person within
sub-paragraph (1)
in relation to the
exercise of that person’s judicial functions, or
works for a court or tribunal in which legal proceedings may be
brought in relation to the exercise of the judicial functions of that
court or tribunal.
A person subject to service law, within the meaning of the Armed Forces
Act 2006.
A member of a local authority.
A person who works for a local authority.
Sub-paragraph (1) includes—
in relation to a London borough council, a district council or a
county council in England, an elected mayor within the meaning
of Part 1A of the Local Government Act 2000;
in relation to a county borough council or a county council in Wales,
an elected mayor within the meaning of Part 2 of the Local
Government Act 2000.
A person does not fall within sub-paragraph (2) solely by virtue of working
for a school.
The reference in
sub-paragraph (4)
to a person who works for a school
includes a person who works—
at a place mentioned in any of paragraphs
(a)
to
(c)
of the definition
of “school” in
section 25
(1)
, or
at a public school in Scotland within the meaning of the Education
(Scotland) Act 1980 (see section 135(1) of that Act).
A person, not mentioned in any other paragraph of this Schedule , who—
is—
a member of a body, or the holder of an office, in respect of
which the conditions in both of
sub-paragraphs (2)
and
(3)
are met, or
works for such a body or office, and
exercises functions of a public nature by virtue of falling within
paragraph (a).
The condition in this sub-paragraph is that the body or office is
established—
by virtue of His Majesty’s prerogative,
by an enactment, or
in any other way by a Minister of the Crown, a government
department, the Scottish Ministers, the Welsh Ministers or a
Northern Ireland devolved authority.
The condition in this sub-paragraph is that—
in the case of a body, the body is wholly or mainly constituted by
appointment made by the Crown or by a person mentioned in
sub-paragraph (2)
(c)
;
in the case of an office, appointments to the office are made by the
Crown or by a person mentioned in
sub-paragraph (2)
(c)
.
Whether a function is of a public nature for the purposes of
sub-paragraph
(1)
(b)
is a question of law.
In determining that question, the judge must—
make any necessary findings of fact, and
have regard (among other matters) to whether the function meets
a responsibility of government such that the public or a section of
the public (beyond persons directly affected by the exercise of the
function) have a significant interest in its exercise.
A person does not fall within this paragraph solely by virtue of holding
an honour or dignity conferred by, or being in the private service of, the
Crown.
In section 69A of the Charities and Trustee Investment (Scotland) Act 2005 an offence under
section 13
or
14
of the Public Office
(asp 10) (specified offences for charity trustee disqualification), in subsection
(1), at the end insert—
“(j)
(Accountability) Act 2026 (seriously improper acts and breach
of duty to prevent death or serious injury).”
In section 178A of the Charities Act 2011 (specified offences for charity
“7
An offence under
section 13
or
14
of the Public Office (Accountability)
Act 2026 (seriously improper acts and breach of duty to prevent death
or serious injury).”
trustee disqualification), in the table in subsection (1), at the end insert—
In section 26 of the Criminal Justice and Courts Act 2015 (corrupt or other
improper exercise of police powers and privileges), omit subsection (11).
In section 1 (overview of Act), omit subsection (5)(b)(v).
The Inquiries Act 2005 is amended as follows.
“Conduct of public authorities at UK inquiries
34A Guidance to public authorities about conduct
(1)
The Lord Chancellor may issue guidance to core participants that
are public authorities, setting out the principles that should guide their conduct at an inquiry for which a United Kingdom Minister is responsible.(2)
Guidance under this section may include provision about what a
public authority should (or should not) do for the purposes of—(a)
supporting the inquiry panel in—
(i)
determining any matter relevant to the inquiry,
(ii)
furthering the overriding objective set out in rules
under section 41 (A1) , and(iii)
upholding the practices and procedures of the
inquiry;(b)
assisting affected persons to participate at the inquiry
proceedings.(3)
Public authorities must have regard to guidance issued under this
section.(4)
“
affected person”, in relation to an inquiry, means any person
to whom an award is made under section 40 in respect of that inquiry;“
core participant” means a person designated as such in
accordance with rules under section 41;“
public authority” has the same meaning as in Chapter 1 of Part 2 of the Public Office (Accountability) Act 2026 (see paragraph 2 of Schedule 2 to that Act).34B Engagement of legal representatives
(1)
This section applies where—
(a)
(b)
the authority is a core participant in respect of the inquiry.
(2)
The duty includes a duty to comply with subsection (3) below for
the purposes of assisting affected persons to participate in the inquiry.(3)
A public authority complies with this subsection by—
(a)
engaging legal representatives to act for the authority at the
inquiry only if, and so far as, the authority considers it both necessary and proportionate, and(b)
taking such steps as are necessary to secure that those
representatives conduct themselves with due regard to the conduct that is expected of the authority (as set out in guidance under section 34A ) and its duties under Chapter
1 of Part 2 of the Public Office (Accountability) Act 2026.(4)
In determining for the purposes of subsection (3) (a) whether, or to
what extent, the engagement of legal representatives is necessary and proportionate, particular regard is to be had to—(a)
the comparative position of affected persons in respect of
their means to engage legal representatives;(b)
the nature and extent of the authority’s obligations to assist
the inquiry in respect of disclosure and other matters;(c)
the importance of the issues under investigation and the
need for those issues to be investigated fairly, proportionately, expeditiously and cost-effectively.34C Concerns over conduct of public authorities
(1)
This section applies where—
(a)
an inquiry for which a United Kingdom Minister is
responsible is being, or has been, held,(b)
anything occurring in the course of the inquiry gives rise to
a concern about the conduct of a public authority or its legal representatives, and(c)
in the opinion of the chair of the inquiry, action should be
taken to prevent the occurrence or continuation of such conduct.(2)
The chair may report the matter to—
(a)
the person appearing to the chair to have overall
responsibility for the management of the authority, or(b)
such other person as the chair believes has power to take
the action mentioned in subsection (1) (c) .(3)
A person to whom the chair of an inquiry makes a report under
this section must give the chair a written response to it.”
“(A1)
The Lord Chancellor may make rules dealing with the overriding
objective to which regard is to be had when conducting, or participating in, an inquiry for which a United Kingdom Minister is responsible.(A2)
The overriding objective specified in rules under subsection (A1) may (in particular) include objectives for or in connection with—
(a)
ensuring that affected persons, as defined by section 34A (4) , are able to participate fully and effectively in the inquiry proceedings;
(b)
maintaining the inquisitorial nature of the proceedings;
(c)
ensuring that affected persons are given sufficient
information about the process of the proceedings (including any deadlines in connection with the proceedings that such persons must comply with).”
Sections
34A
to
34C
of the Inquiries Act 2005 (inserted by
Part 1
of this
Schedule) apply to a relevant non-statutory inquiry as they apply to an
inquiry under
that Act
, with the modifications specified in
sub-paragraph
(3)
.
“Relevant non-statutory inquiry” means an inquiry to which
paragraph 2
of
Schedule 1
applies which has been caused to be held by a United
Kingdom Minister, within the meaning given by section 43(1) of the
Inquiries Act 2005.
The modifications mentioned in sub-paragraph (1) are—
references to “affected persons” are to be read as references to any
participant in the inquiry whom the person leading the inquiry
considers should be given the kinds of assistance to participate in
the inquiry that, by virtue of
section 34A
or
34B
of the
Inquiries
Act 2005
, is given to affected persons under
that Act
;
in
section 34A
(1)
, the reference to core participants that are public
authorities is to be read as a reference to any public authority that
is a participant in the inquiry;
in
section 34C
(2)
, the reference to the chair is to be read as a
reference to the person leading the inquiry.
The Coroners and Justice Act 2009 is amended as follows.
In section 36 (reports and advice to the Lord Chancellor from the Chief the matters reported under paragraph 7A of that Schedule
Coroner), in subsection (4) after paragraph (d) insert—
“(e)
and the responses given under
sub-paragraph (3)
of that
paragraph;”.
In section 42 (guidance by the Lord Chancellor)—
in
subsection (2)
, in the opening words, for “this section” substitute
“subsection (1)”;
“(2A)
The Lord Chancellor may issue guidance to interested
persons that are public authorities setting out the principles that should guide their conduct at or in connection with investigations under this Part.(2B)
Guidance under subsection (2A) may include provision about
what a public authority should (or should not) do for the purposes of—(a)
supporting a senior coroner who is conducting an
investigation under this Part in—(i)
determining the matters mentioned in section
5(1),(ii)
furthering the overriding objective set out in
coroner rules under section 45(2) (za) , and(iii)
upholding the practices and procedures of the
investigation;(b)
assisting affected persons to participate in the
investigation.(2C)
Interested persons that are public authorities must have
regard to guidance issued under subsection (2A) .(2D)
In this section and in section 42A —
“
affected person” means an individual who is an
interested person within section 47(2)(a), (b) or (m);“
public authority” has the same meaning as in Chapter
1 of Part 2 of the Public Office (Accountability) Act
2026 (see paragraph 2 of Schedule 2 to that Act).”
“42A Engagement of legal representatives
(1)
This section applies where—
(a)
(b)
the authority is an interested person in relation to the
investigation.(2)
The duty includes a duty to comply with subsection (3) below for
the purposes of assisting affected persons to participate in the investigation.(3)
A public authority complies with this subsection by—
(a)
engaging legal representatives to act for the authority in the
investigation only if, and so far as, the authority considers it both necessary and proportionate, and(4)
In determining for the purposes of subsection (3) (a) whether, or to
what extent, the engagement of legal representatives is necessary and proportionate, particular regard is to be had to—(a)
the comparative position of affected persons in respect of
their means to engage legal representatives;(b)
the nature and extent of the authority’s obligations to assist
the investigation in respect of disclosure and other matters;(c)
the importance of the issues under investigation and the
need for those issues to be investigated fairly, proportionately, expeditiously and cost-effectively.”
In section 43 (coroner regulations), in subsection (3)(j) for “paragraph 7”
substitute “paragraphs 7 and 7A”.
In section 45 (coroners rules)—
“(za)
provision for regard to be had to an overriding
objective of such description as the rules may specify when conducting, or participating in, proceedings at an inquest;”;
“(2ZA)
The overriding objective specified in coroner rules under
subsection (2) (za) may (in particular) include objectives for or in connection with—(a)
ensuring that affected persons, as defined by section
42 (2D) , are able to participate fully and effectively in the proceedings;(b)
maintaining the inquisitorial nature of proceedings;
(c)
ensuring that affected persons are given sufficient
information about the process of proceedings (including any deadlines in connection with the proceedings that such persons must comply with).”
“Concerns over conduct of public authorities
7A
(1)
This paragraph applies where—
(a)
a senior coroner is, or has been, conducting an
investigation under this Part into a person’s death,(b)
anything occurring in the investigation gives rise to a
concern about the conduct of a public authority, or of its legal representatives, and(c)
in the coroner’s opinion, action should be taken to prevent
the occurrence or continuation of such conduct.(2)
The senior coroner may report the matter to—
(a)
the person appearing to the coroner to have overall
responsibility for the management of the authority, or(b)
such other person as the coroner believes has power to
take the action mentioned in sub-paragraph (1) (c) .(3)
A person to whom a senior coroner makes a report under this
paragraph must give the coroner a written response to it.(4)
A copy of a report under this paragraph, and of the response to
it, must be sent to the Chief Coroner.(5)
In this paragraph “public authority” has the same meaning as in Chapter 1 of Part 2 of the Public Office (Accountability) Act 2026
(see paragraph 2 of Schedule 2 to that Act).”
The
Legal Aid, Sentencing and Punishment of Offenders Act 2012
is
amended as follows.
In
section 10
(civil legal aid: exceptional cases), in
subsection (4)
(a)
, for “the
Coroners Act 1988” substitute “Part 1 of the Coroners and Justice Act 2009”.
In Schedule 1 (civil legal services)—
In Part 1 (services), in paragraph 41 —
in
sub-paragraph (1)
for “the Coroners Act 1988” substitute
“Part 1 of the Coroners and Justice Act 2009”;
“(4)
The reference in sub-paragraph (1) to services
provided in relation to an inquest under Part 1 of
the Coroners and Justice Act 2009 includes services provided in respect of an application for the holding of such an inquest or an investigation under that Part made under section 13 of the Coroners Act 1988 .”;
In
Part 3
(advocacy: exclusion and exceptions), after
paragraph 24
insert— Advocacy in proceedings at an inquest under
Part 1
of The exception in
sub-paragraph (1)
applies only if both The first condition is that a public authority or any of the a chief constable; a Provost Marshal of a service police force or the the Director General of the Independent Office for a person who is an interested person by virtue of The second condition is that civil legal services in the form the same inquest, or another inquest that is linked to the same inquest. For the purposes of sub-paragraph (4)— an individual is a member of another individual’s they are relatives (whether of the full blood they are cohabitants (as defined in
Part 4
of the
Family Law Act 1996
), or one has parental responsibility for the other; an inquest is “linked” to another inquest if a senior In this paragraph—
“ a chief officer of police, within the meaning the chief constable of the Police Service of the Chief Constable of the Police Service of the Chief Constable of the Ministry of the Chief Constable of the Civil Nuclear the Chief Constable of the British Transport
“
“
“
“24A
(1)
the
Coroners and Justice Act 2009
into the death of a
member of an individual’s family (subject as follows).
(2)
of the following conditions are met.
(3)
following persons is an interested person in relation to
the inquest—
(a)
(b)
tri-service serious crime unit;
(c)
Police Conduct;
(d)
section 47(2)(l) of the Coroners and Justice Act 2009
(persons appointed by a Government department).
(4)
of advocacy are not already available under section 9 (by
virtue of this paragraph) to another individual who is a
member of the deceased individual’s family in relation
to—
(a)
(b)
(5)
(a)
family if—
(i)
or half blood or by marriage or civil
partnership),
(ii)
(iii)
(b)
coroner has determined that proceedings at the
inquests are to be held together.
(6)
chief constable” means—
(a)
given by section 101(1) of the Police Act
1996;
(b)
Scotland;
(c)
Northern Ireland;
(d)
Defence Police;
(e)
Constabulary;
(f)
Police;
interested person” has the same meaning as in
Part
1
of the
Coroners and Justice Act 2009
(see section
47 of that Act);
public authority” has the same meaning as in
Chapter 1
of
Part 2
of the Public Office
(Accountability) Act 2026 (see
paragraph 2
of
Schedule 2
to that Act);
senior coroner” means a person appointed under
paragraph 1
of
Schedule 3
to the
Coroners and
Justice Act 2009
.”
In
regulation 5
of the
Civil Legal Aid (Financial Resources and Payment
for Services) Regulations 2013
(S.I. 2013/480) (exceptions from requirement
to make a determination in respect of an individual’s financial resources),
in
paragraph (1)
—
(i)
the exception in paragraph 24A (1) of Part 3 of Schedule
1 to the Act (inquests where public authority an interested person) applies in relation to proceedings at the inquest, or(ii)”;
“(ma)
legal help at an inquest under the Coroners and Justice Act
2009 into the death of a member of the family of the
individual to whom the legal help may be provided, where a public authority is an interested person in relation to the inquest.”
in sub-paragraph (n) , for “(m)” substitute “(m) (ii) ”.
The
Civil Legal Aid (Merits Criteria) Regulations 2013
(S.I. 2013/104) are
amended as follows.
In
regulation 19
(other legal services), for the words from “any” to the end
of the regulation substitute “civil legal services other than—
acting as a mediator or arbitrator, or
issuing or conducting court proceedings.”
“Inquests 30.
(1)
(2)
Where the exception in paragraph 24A (1) of Part 3 of Schedule 1 to
the Act (inquests where public authority an interested person) applies in relation to the matter, other legal services are also appropriate.(3)
Where the matter involves proceedings under section 13 of the Coroners Act 1988 (order to hold investigation under Part 1 of the Coroners
and Justice Act 2009), legal representation is also appropriate.”
Nothing in this Part of this Schedule affects—
the powers conferred on the Lord Chancellor by section 9(2) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012 in
relation to Schedule 1 to that Act, or
any other power of the Lord Chancellor to make orders or
regulations under Part 1 of that Act.
The Legal Aid (Scotland) Act 1986 is amended as follows.
“(bc)
is participating, or seeking to participate, in inquiry
proceedings within the meaning of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (see section 11(2)(a) of that Act);”
A
bill
to
Impose a duty on public authorities and public officials to act with candour, transparency and frankness; to make provision for the enforcement of that duty in their dealings with inquiries and investigations; to require public authorities to promote and take steps to maintain ethical conduct within all parts of the authority; to create an offence in relation to public authorities and public officials who mislead the public; to create further offences in relation to the misconduct of persons who hold public office and to abolish the common law offence of misconduct in public office; to make provision enabling persons to participate at inquiries and investigations where the conduct of public authorities may be in issue; and for connected purposes.
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