Commissions of Investigation Act 2004

Dissolution of commissions.

43

43.—(1) Subject to an order under section 44(1) , a commission is dissolved on the submission of its final report to the specified Minister.

(2) Before the dissolution of a commission, the chairperson or, if the commission consists of only one member, the sole member shall deposit with the specified Minister all evidence received by and all documents created by or for the commission.

(3) For the purposes of subsection (2) and section 45 “documents created by or for the commission” includes—

( a) records of interviews conducted by persons appointed under section 8 by the chairperson of the commission or, if the commission consists of only one member, by the sole member,

( b) written reports to the commission prepared by those persons, and

( c) statements provided to the commission at the request of those persons in the performance of the function described in section 8(7)(e) .

Annotations:

Modifications (not altering text):

C10

Application of subs. (2) restricted (25.10.2020) by Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), s. 2(1), commenced on enactment.

Deposit of certain records of Commission with Child and Family Agency

2. (1) Notwithstanding subsection (2) of section 43 of the Act of 2004, the Commission shall, as soon as may be after the passing of this Act, deposit with the Agency the database and all related records.

C11

Application of section clarified (25.10.2020) by Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), s. 5, commenced on enactment.

Deposit of evidence and documents in accordance with section 43 of Act of 2004

5. For the avoidance of doubt, the obligation under subsection (2) of section 43 of the Act of 2004 to deposit with the specified Minister evidence received by, and documents created by or for, the Commission (other than the database and related records) is, subject to section 6, an obligation to so deposit such evidence and documents without redaction therefrom.

C12

Application of section restricted by Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 (20/2020), s. 7(1), commenced on enactment.

Dissolution of Commission and final report

7. (1) Notwithstanding the Act of 2004, the Commission shall stand dissolved on 28 February 2021.

(2) The Commission shall submit its final report to the Government no later than 30 October 2020.