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.
Power to make an award
1. The Chairman may award reasonable amounts to a person for expenses properly incurred, or to be incurred, in attending the Inquiry (S40(1)).
2. In doing so he must have regard to the financial resources of the Applicant (Rule 18) and the public interest so far as relating to the making of an award (rule 18)
3. 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;
c. expenses incurred by witnesses giving evidence in the context of their employment, or former employment are expected to be reimbursed, where appropriate, by that employer, or former employer as the case may be.
4. Applications for awards may be made at any time in writing. Application forms will be made available.
5. Amounts for travel and subsistence exceeding £100 in total for the entirety of the period of the Inquiry, other than in exceptional circumstances, will require evidence as to the Financial Resources of the Applicant.
6. There are separate protocols for applications for Legal Representation at Public Expense and for compensation for loss of time.