In order to operate most effectively and most efficiently, an Inquiry such as this needs to operate flexibly. Procedures may need to be adopted, or may need to be adapted, to enable this. The procedure outlined is not intended to cover every eventuality or every procedural issue that will arise. When procedural decisions need to be taken, they will be taken by the Inquiry Chairman with the assistance of the Inquiry legal team and of representations or submissions from others, if the Chairman considers that would be appropriate and desirable.
These procedures are subject to, and should be read having particular regard to S17 and S40 the Inquiries Act 2005, the Notice of Determination by Ministers under S40(4) dated 21 February 2008 (annexed), and Rules 17 to 28 of The Inquiries (Scotland) Rules 2007 (SSI2007/560) and the Terms of Reference for the Inquiry.
1. This Protocol relates to:
(a) applications by a Core Participant or an individual witness (“applicant”) for an award to be made under section 40(1) (b) of the Inquiries Act 2005 (“the Act”) in respect of expenses to be properly incurred, in attending or otherwise in relation to the Inquiry, in respect of legal representation (“legal expenses”); and
(b) following a decision to make an award, the assessment of legal expenses which become payable under it.
2. A person is eligible to be considered for an award only if
(a) he or she is a person attending the Inquiry to give evidence or to produce any document or other thing, or
(b) a person who, in the opinion of the Inquiry Chairman, has such a particular interest in the outcome of the Inquiry as to justify such an award.
3. In exercising his power to make an award in respect of legal representation the Chairman must:
(a) act with fairness and with regard also to the need to avoid any unnecessary cost (whether to public funds or to witnesses or to others) (S17)
(b) ensure he complies with the qualifications and conditions placed on him by Ministers under S40(4) (as set out in the Notice of Determination dated 21 February 2008)
(c) “Qualifications and conditions
1. Awards in respect of legal representation may only be made in circumstances in which the Chairman 1 considers it necessary, fair, reasonable and proportionate for such an award to be made.
2. Any award must be subject to the condition that payment will only be made for work that is evidenced and can be identified as having been done in an effective and efficient manner, avoiding unnecessary duplication and making best use of public funds.