Public Office (Accountability) Bill — Bill 341 2024-26 (as amended in Public Bill Committee)

Public Office (Accountability) Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
CONTENTS
PART 1
IMPLEMENTING DUTY OF CANDOUR ETC
1 Purpose of Act: implementing duty of candour etc
PART 2
PERFORMANCE OF PUBLIC FUNCTIONS
CHAPTER 1
INQUIRIES AND INVESTIGATIONS
2 Duty of candour and assistance
3 Section 2: further provision
4 Extension of duty to other persons with public responsibilities
5 Offence of failing to comply with duty
6 Security and intelligence information
7 Transitional provision in relation to this Chapter
8 Interpretation of this Chapter
CHAPTER 2
STANDARDS OF ETHICAL CONDUCT
9 Expected standards of ethical conduct
10 Guidance
CHAPTER 3
MISLEADING THE PUBLIC
11 Offence of misleading the public
59/1 Bill 341

PART 3
MISCONDUCT IN PUBLIC OFFICE
12 Seriously improper acts
13 Breach of duty to prevent death or serious injury
14 Territorial application of sections 12 and 13
15 Holders of public office
16 Abolition of common law offence of misconduct in public office
17 Consequential amendments
PART 4
PARTICIPATION OF PERSONS AT INQUIRIES AND INVESTIGATIONS
18 Parity etc at inquiries and investigations
PART 5
MISCELLANEOUS AND FINAL PROVISIONS
19 Crown application
20 Consequential repeal
21 Power to make consequential provision
22 Regulations
23 General interpretation
24 Extent
25 Commencement
26 Short title
Application of duty of candour and assistance Schedule 1 —
Inquiries under the Inquiries Act 2005 Part 1 —
Non-statutory inquiries Part 2 —
Local authority inquiries Part 3 —
Investigations under Part 1 of the Coroners and Justice Act
2009
Part 4 —
Inquiries in Scotland into fatal accidents and sudden deaths Part 5 —
Investigations under the Coroners Act (Northern Ireland) 1959 Part 6 —
Power to extend duty to other investigations Part 7 —
Meaning of “public authority” and “public official” etc Schedule 2 —
Introductory Part 1 —
“Public authority” and “public official” in Chapters 1 and 3 of
Part 2
Part 2 —
“Public authority” in Chapter 2 of Part 2 Part 3 —
Offences under Part 2: related provision Schedule 3 —
Holders of public office Schedule 4 —
Public Office (Accountability) Bill ii

Part 3consequential amendments Schedule 5 —
Conduct of public authorities at inquiries and inquests Schedule 6 —
Inquiries under the Inquiries Act 2005 Part 1 —
Non-statutory inquiries Part 2 —
Investigations under Part 1 of the Coroners and Justice Act
2009
Part 3 —
Legal aid at inquests Part 4 —
iii Public Office (Accountability) Bill

[AS AMENDED IN PUBLIC BILL COMMITTEE]
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:—
PART 1
IMPLEMENTING DUTY OF CANDOUR ETC
1 Purpose of Act: implementing duty of candour etc
(1)
5
The purpose of this Act is to ensure that public authorities and public officials
at all times perform their functions—
(a) with candour, transparency and frankness, and
(b) in the public interest.
(2) This Act does so by—
(a)
10
imposing a duty on public authorities and public officials to act with
candour, transparency and frankness in their dealings with inquiries
and investigations and imposing criminal liability for breach of that
duty (Chapter 1 of Part 2);
(b) requiring public authorities to promote and take steps to maintain
15
ethical conduct, candour, transparency and frankness within all parts
of the authority (Chapter 2 of Part 2);
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Part 1—Implementing duty of candour etc

(c) imposing criminal liability on public authorities and public officials
who mislead the public in ways that are seriously improper (Chapter
3 of Part 2);
(d)
5
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);
(e) making provision about parity at inquiries and investigations where
10
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).
PART 2
PERFORMANCE OF PUBLIC FUNCTIONS
CHAPTER 1
15INQUIRIES AND INVESTIGATIONS
2 Duty of candour and assistance
(1) Public authorities and public officials must at all times act with candour,
transparency and frankness in their dealings with inquiries and investigations.
(2)
20
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).
(3) 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—
(a) their acts are or may be relevant to the inquiry or investigation, or
25(b) they otherwise have information likely to be relevant to the inquiry
or investigation.
(4) 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—
30(a) where the authority or official has information that is likely to be
relevant to the inquiry or investigation, provide that information;
(b) where any such information is likely to be of particular significance
to the inquiry or investigation, draw attention to that fact;
(c)
35
if any errors or omissions are discovered in information previously
provided, correct those errors or omissions;
(d) in the case of a public authority, provide a position statement;
(e) 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.
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(5) 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.
(6)
5
In complying with obligations arising under this section, a public authority
or public official must act—
(a) expeditiously, and
(b) without favour to their own, or another person’s, position.
(7) Schedule 1—
(a)
10
makes further provision about the inquiries and investigations in
relation to which the duty of candour and assistance applies, and
(b) contains powers to extend the duty to other investigations.
(8) This section is subject to the further provision in section 3.
3 Section 2: further provision
(1) This section contains further provision in relation to section 2.
15(2) The obligation under section 2(3) has effect subject to any requirements or
exceptions specified in a notice published by the person leading the inquiry
or investigation.
(3) A notification given by a public authority or public official in compliance
20
with section 2(3) must be given as soon as reasonably practicable after the
authority or official first becomes aware of the establishment of the inquiry
or investigation.
(4) The obligation under section 2(4)—
(a) applies to a public authority or public official on the giving of a
25
direction by the person leading the inquiry or investigation (see further
Schedule 1);
(b) must be complied with in accordance with any requirements specified
in the direction.
(5) The person leading an inquiry or investigation may, in particular (and whether
by a direction under subsection (4) or otherwise)—
30(a) 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);
(b)
35
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.
(6) The person leading an inquiry may dispense with the obligation to provide
a position statement only if they consider that compliance with that obligation
40
would be contrary to the efficient and effective conduct of the inquiry (and
must give their reasons for being of that view).
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(7) The duty of candour and assistance—
(a) 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;
5(b) is subject to such other exceptions as are provided for by or under
this Act or any other enactment.
4 Extension of duty to other persons with public responsibilities
(1) A person who—
(a) is not a public authority or public official, but
10(b) 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.
(2) A person had a “relevant public responsibility” in connection with an incident
if—
15(a) the person had a health and safety responsibility in connection with
the incident, or
(b) the person carried out activities in connection with the incident
which—
(i)
20
were carried out as a service provider to a public authority,
and
(ii) had a significant impact on members of the public.
(3) For the purposes of this section—
(a) a person had a “health and safety responsibility” in connection with
25
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);
(b) 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;
30(c) references to an “incident” include the occurrence of particular events;
(d) other provisions of this Chapter apply as if—
(i) references to a public authority included a body falling within
subsection (1), and
(ii)
35
references to a public official included an individual falling
within that subsection.
(4) 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—
40(a) the Corporate Officer of the House of Lords,
(b) the Corporate Officer of the House of Commons, and
(c) the Corporate Officers acting jointly.
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(5) In this section—
“health and safety legislation” means any enactment dealing with health
and safety matters, including (in particular)—
(a) the Health and Safety at Work etc. Act 1974;
5(b) the Health and Safety at Work (Northern Ireland) Order 1978
(S.I. 1978/1039 (N.I. 9));
(c) Part 3 of the Energy Act 2013 (nuclear regulation);
(d) instruments made under the enactments mentioned in
paragraphs (a) to (c);
10“Parliamentary Estate” means any building or other premises occupied
for the purposes of either House of Parliament.
5 Offence of failing to comply with duty
(1) A person commits an offence if—
(a)
15
they fail to comply with the duty of candour and assistance in respect
of an inquiry or investigation, and
(b) they—
(i) intend that their failure will impede the inquiry or investigation
achieving its objectives, or
(ii)
20
in the case of a failure to comply with an obligation arising
under section 2(4) or (5), are reckless as to whether it will do
so.
(2) A person who commits an offence under this section is liable—
(a) on summary conviction in England and Wales, to imprisonment for
25
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
(b) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
(c)
30
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);
(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
(3)
35
For further provision in relation to offences under this section, see Schedule
3.
6 Security and intelligence information
(1) The duty of candour and assistance applies to an intelligence service as it
applies to other public authorities.
(2) But the obligation to give a notification under section 2(3) does not apply—
40(a) to a person who works for an intelligence service, or
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(b) where compliance with that obligation would result in the provision
of information relating to security or intelligence, within the meaning
given by section 1(9) of the Official Secrets Act 1989.
(3)
5
The head of each intelligence service must ensure that the service has in place
arrangements designed to secure that persons who work for the service comply
with the service’s procedures for—
(a) maintaining a record of information in relation to any acts that are or
may be relevant to an inquiry or investigation, including one which
may take place in the future, and
10(b) informing the service that they have information (if not otherwise
available to the service) that is or may be relevant to an inquiry or
investigation.
(4) In subsection (3), “head” means—
(a)
15
in relation to the Security Service, the Director General of the Security
Service;
(b) in relation to the Secret Intelligence Service, the Chief of the Secret
Intelligence Service;
(c) in relation to the Government Communications Headquarters, the
Director of the Government Communications Headquarters.
207 Transitional provision in relation to this Chapter
The duty of candour and assistance has effect in respect of an inquiry or
investigation which is—
(a) started after the date on which this Act is passed, or
(b) started before that date and remains ongoing on that date.
258 Interpretation of this Chapter
(1) In this Chapter—
“duty of candour and assistance” means the duty under section 2(1)
(read with the other provisions of sections 2 and 3);
“inquiry” means—
30(a) an inquiry under the Inquiries Act 2005,
(b) an inquiry to which paragraph 2 of Schedule 1 applies
(non-statutory inquiries), or
(c) an inquiry to which paragraph 4 of that Schedule applies (local
authority inquiries);
35“investigation” means—
(a) an investigation under Part 1 of the Coroners and Justice Act
2009,
(b) an investigation by the procurator fiscal under section 1(1)(a)
40
of the Inquiries into Fatal Accidents and Sudden Deaths etc.
(Scotland) Act 2016 (asp 2),
(c) an inquiry under that Act,
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(d) an inquest under the Coroners Act (Northern Ireland) 1959 (c.
15 (N.I.)), or
(e) an investigation specified, or of a description specified, in
regulations under paragraph 8(1) of Schedule 1;
5“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;
“public authority” has the meaning given by paragraph 2 of Schedule 2;
“public official” has the meaning given by paragraph 3 of Schedule 2.
10(2) In this Chapter, references to the individual “in charge” of a public authority
are—
(a) in the case of an authority with a board of directors, to the chief
executive;
(b)
15
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).
(3) In subsection (2) “chief executive”, in relation to a public authority, means
the individual working for the authority who, alone or with one or more
20
others, is responsible under the immediate authority of the board of directors
for the general functions of the authority.
CHAPTER 2
STANDARDS OF ETHICAL CONDUCT
9 Expected standards of ethical conduct
(1)
25
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.
(2) “Ethical conduct” is conduct which is consistent with the following principles—
(a) selflessness;
(b) integrity;
(c) objectivity;
30(d) accountability;
(e) openness;
(f) honesty;
(g) leadership.
(3)
35
In discharging its duty under subsection (1), a public authority must, in
particular—
(a) adopt a code which sets standards of conduct expected of people who
work for the authority (a “code of ethical conduct”),
(b) take steps to make those people aware of the code and the
consequences for failing to act in accordance with it, and
40(c) ensure that the code is published (subject to subsection (10)).
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(4) A public authority’s code of ethical conduct must (in particular)—
(a) set expectations that people who work for the authority should act in
accordance with a duty of candour in matters relating to their work;
(b)
5
explain the practical ways in which the standards set by the code are
to be met;
(c) set out the disciplinary consequences for failing to act in accordance
with the code (including any circumstances where such failure may
amount to gross misconduct);
(d)
10
otherwise promote ethical conduct, candour, transparency and
frankness within all parts of the authority.
(5) A public authority’s code of ethical conduct must also contain information
about the following matters—
(a) the steps that a person who works for the authority may take if they
15
believe that another person who works for the authority has failed to
act in accordance with the code;
(b) the making of protected disclosures, including information about any
policies the authority has adopted in relation to the making of such
disclosures;
(c)
20
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.
(6) A public authority may satisfy the requirement in subsection (3)(a) by adopting
25
(with or without modifications) one or more documents prepared by the
authority or another person.
(7) A public authority may provide for its code of ethical conduct to apply with
modifications—
(a) in specified circumstances, or
(b) to people of a specified description who work for the authority.
30(8) If a public authority makes provision under subsection (7), it must set out in
its code—
(a) the modifications and circumstances in which, or descriptions of people
to which, they apply, and
(b) its reasons for making the provision.
35(9) A public authority may from time to time revise its code of ethical conduct.
(10) A public authority may exclude from its published code anything it considers
necessary to protect information—
(a) relating to an identified or identifiable individual,
(b) that is commercially sensitive, or
40(c) the disclosure of which would be contrary to the public interest.
(11) In subsection (5)(b), “protected disclosure”—
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(a) 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);
(b) in relation to Northern Ireland, has the same meaning as in the
5
Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919
(N.I. 16) (see Article 67A of that Order).
(12) In this Chapter “public authority” has the meaning given by Part 3 of Schedule
2.
10 Guidance
(1)
10
The appropriate national authority may issue guidance for the purposes of
this Chapter.
(2) A public authority must have regard to any guidance issued under this section
that applies to the authority.
(3) The appropriate national authority must publish any guidance it issues under
15
this section in such manner as it considers appropriate to bring it to the
attention of those public authorities to which it applies.
(4) Subsections (1) and (2) of section 22 (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.
CHAPTER 3
20MISLEADING THE PUBLIC
11 Offence of misleading the public
(1) A public authority or public official commits an offence if, in their capacity
as such an authority or official—
(a)
25
they act with the intention of misleading the public or are reckless as
to whether their act will do so, and
(b) they know, or ought to know, that their act is seriously improper.
(2) For the purposes of this section an act is seriously improper only if—
(a) it meets the condition in subsection (3), and
(b)
30
a reasonable person would consider it to be seriously improper, taking
account of all the circumstances of the case.
(3) The condition mentioned in subsection (2)(a) is that the act—
(a) 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,
35(b) caused, or contributed to causing, harm to one or more other persons,
or had the potential to do so, and
(c) departed significantly from what is to be expected in the proper
exercise of the person’s functions as a public authority or public official.
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(4) Nothing in this section applies to an act done—
(a) by a person in the exercise, or purported exercise, of functions relating
to Scottish devolved matters, Welsh devolved matters or Northern
Ireland devolved matters;
5(b) for the purposes of journalism by—
(i) a recognised news publisher, within the meaning of Part 3 of
the Online Safety Act 2023 (see section 56 of that Act), or
(ii) a person in the course of working for such a publisher.
(5) A person who commits an offence under this section is liable—
10(a) on summary conviction, to imprisonment for a term not exceeding
the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
(6) It is a defence for a person charged with an offence under this section—
15(a) to prove that the act constituting the offence was necessary for the
proper exercise of any function of—
(i) an intelligence service, or
(ii) the armed forces when engaged on active service, or
(b) to show that they otherwise had a reasonable excuse for their act.
20(7) A person is taken to have shown the fact mentioned in subsection (6)(b) if—
(a) sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
(b) the contrary is not proved beyond reasonable doubt.
(8) In this section—
25“active service” means service in—
(a) an action or operation against an enemy,
(b) an operation outside the British Islands for the protection of
life or property, or
(c) the military occupation of a foreign country or territory;
30“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;
35
“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.
(9) For further provision in relation to offences under this section, see Schedule
3.
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PART 3
MISCONDUCT IN PUBLIC OFFICE
12 Seriously improper acts
(1) A person who holds public office commits an offence if—
5(a) they use their office to obtain a benefit (whether for themselves or
another person) or to cause another person to suffer a detriment, and
(b) they know, or ought to know, that doing so is a seriously improper
act.
(2) For the purposes of this section—
10(a) 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;
(b) “benefit” and “detriment” mean any benefit or detriment, whether
temporary or permanent, including—
15(i) financial gain or loss;
(ii) protection or enhancement of, or damage to, a person’s
reputation;
(iii) a benefit or detriment of a physical or sexual nature;
(c)
20
an act is “seriously improper” if a reasonable person would consider
it to be seriously improper.
(3) Where it falls to a jury to determine whether an act is seriously improper for
the purposes of this section, they must have regard to the following matters—
(a) the extent to which the act involved an intention to mislead or other
dishonesty;
25(b) the extent to which the act involved a conflict of interest or breach of
trust, particularly in relation to vulnerable individuals;
(c) the nature and degree of any benefit obtained by the person (whether
for themselves or another person) as a result of the act;
(d)
30
the nature and degree of any detriment suffered by another person
as a result of the act;
(e) 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.
(4)
35
Subsection (3) does not prevent the jury from having regard to any other
matters they consider relevant.
(5) 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.
(6) A person is taken to have shown the fact mentioned in subsection (5) if—
(a)
40
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
11 Public Office (Accountability) Bill
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(b) the contrary is not proved beyond reasonable doubt.
(7) A person who commits an offence under this section is liable, on conviction
on indictment, to imprisonment for a term not exceeding 10 years.
(8)
5
Proceedings for an offence under this section may be brought only by or with
the consent of the Director of Public Prosecutions.
13 Breach of duty to prevent death or serious injury
(1) A person who holds public office commits an offence if—
(a) by virtue of their office the person is under a duty to prevent, or to
prevent a risk of, another person suffering critical harm,
10(b) the person knows, or ought to know, that they are under the duty,
(c) 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
(d)
15
the act constituting the breach falls far below what could reasonably
be expected of the person in the circumstances.
(2) 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.
(3) A person is taken to have shown the fact mentioned in subsection (2) if—
(a)
20
sufficient evidence of the fact is adduced to raise an issue with respect
to it, and
(b) the contrary is not proved beyond reasonable doubt.
(4) A person who commits an offence under this section is liable, on conviction
on indictment, to imprisonment for a term not exceeding 14 years.
(5)
25
Proceedings for an offence under this section may be brought only by or with
the consent of the Director of Public Prosecutions.
(6) 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.
(7) In this section, “critical harm” means—
(a) death, or
30(b) grievous bodily harm, within the meaning of the Offences against the
Person Act 1861.
14 Territorial application of sections 12 and 13
(1) A person may commit an offence under section 12 or 13 by virtue of an act
35
done outside England and Wales (as well as by virtue of an act done in
England and Wales), subject to subsection (2).
(2) A person does not commit an offence under section 12 or 13 by virtue of an
act done outside the United Kingdom unless at the time of the act the person
is—
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(a) a United Kingdom national, or
(b) habitually resident in England and Wales.
15 Holders of public office
(1)
5
A person “holds public office” for the purposes of this Part if they fall within
Schedule 4.
(2) 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.
(3) The Secretary of State may by regulations amend Schedule 4 so as to—
(a) specify further descriptions of holders of public office, or
10(b) omit or modify a description of a holder of public office,
unless the regulations contain only provision which relates to Welsh devolved
matters.
(4) The Welsh Ministers may by regulations amend Schedule 4 so as to—
(a) specify further descriptions of holders of public office, or
15(b) omit or modify a description of a holder of public office,
if the regulations contain only provision which relates to Welsh devolved
matters.
(5) The Secretary of State may not make regulations under subsection (3) without
20
the consent of the Welsh Ministers if the regulations include provision which
relates to Welsh devolved matters.
(6) Regulations under subsection (3) or (4) are subject to the affirmative procedure.
16 Abolition of common law offence of misconduct in public office
(1) The common law offence of misconduct in public office is abolished.
(2) Subsection (1) does not apply in relation to—
25(a) any act which was done before the coming into force of this section,
or
(b) any act which began before the coming into force of this section and
continues after its coming into force.
(3) Subsection (1) does not affect—
30(a) the liability of any person for an offence other than the common law
offence of misconduct in public office, or
(b) the civil liability of any person for the tort of misfeasance in public
office.
17 Consequential amendments
35Schedule 5 makes amendments of other legislation that are consequential on
this Part.
13 Public Office (Accountability) Bill
Part 3—Misconduct in public office

PART 4
PARTICIPATION OF PERSONS AT INQUIRIES AND INVESTIGATIONS
18 Parity etc at inquiries and investigations
(1) Schedule 6 contains amendments to legislation, and other provision—
5(a) requiring public authorities to have regard to guidance setting out
principles that promote the need to—
(i) act with candour, transparency and frankness in their dealings
with UK inquiries and investigations,
(ii)
10
support the inquisitorial nature of UK inquiries and
investigations,
(iii) assist UK inquiries and investigations to meet their objectives,
and
(iv) help UK inquiries and investigations to facilitate the
15
participation of certain descriptions of persons (“affected
persons”);
(b) 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—
(i)
20
the comparative position of affected persons in respect of their
means to engage legal representatives,
(ii) the nature and extent of the obligations of public authorities
to assist in respect of disclosure and other matters, and
(iii) the importance of the issues under investigation and the need
25
for those issues to be investigated fairly, proportionately,
expeditiously and cost-effectively;
(c) enabling concerns to be raised over the conduct of a public authority
or its legal representatives and requiring a response to any such
concerns;
(d)
30
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;
(e)
35
providing for legal aid to be made available, without a means test, to
bereaved family members at inquests where a public authority is an
interested person.
(2) In this section—
“interested person” has the same meaning as in Part 1 of the Coroners
and Justice Act 2009 (see section 47 of that Act);
40“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);
Public Office (Accountability) Bill 14
Part 4—Participation of persons at inquiries and investigations

“UK inquiry” means—
(a) an inquiry under the Inquiries Act 2005, or
(b) an inquiry to which paragraph 2 of Schedule 1 applies
(non-statutory inquiries),
5which has been caused to be held by a United Kingdom Minister,
within the meaning given by section 43(1) of the Inquiries Act 2005.
PART 5
MISCELLANEOUS AND FINAL PROVISIONS
19 Crown application
10(1) This Act binds the Crown, subject as follows.
(2) No contravention by the Crown of a provision of this Act makes the Crown
criminally liable.
(3) Subsection (2) does not affect the criminal liability of a person that is a servant
or agent of the Crown.
15(4) Nothing in this Act affects His Majesty in his private capacity (within the
meaning of the Crown Proceedings Act 1947) or otherwise.
20 Consequential repeal
Omit section 46 of the Victims and Prisoners Act 2024 (review of duty of
candour in relation to major incidents).
2021 Power to make consequential provision
(1) The Secretary of State may by regulations make provision that is consequential
on this Act or on regulations made under it.
(2) The Scottish Ministers may by regulations make provision that is consequential
on—
25(a) Part 5 of Schedule 1, or
(b) regulations under this Act made by the Scottish Ministers.
(3) The Welsh Ministers may by regulations make provision that is consequential
on regulations under this Act made by the Welsh Ministers.
(4)
30
A Northern Ireland department may by regulations make provision that is
consequential on—
(a) Part 6 of Schedule 1, or
(b) regulations under this Act made by that department.
(5) The power to make regulations under this section includes power to amend,
35
repeal or revoke provision made by an enactment passed or made before the
end of the Session in which this Act is passed.
15 Public Office (Accountability) Bill
Part 5—Miscellaneous and final provisions

(6) Regulations under this section are subject to the affirmative procedure if they
amend, repeal or revoke any provision of—
(a) an Act of Parliament,
(b) an Act of the Scottish Parliament,
5(c) a Measure or Act of Senedd Cymru, or
(d) Northern Ireland legislation.
(7) Regulations under this section to which subsection (6) does not apply are
subject to the negative procedure.
22 Regulations
10(1) The “appropriate national authority”, in relation to regulations under this
Act, is—
(a) the Secretary of State;
(b) the Scottish Ministers, if the regulations contain only provision which
relates to Scottish devolved matters;
15(c) the Welsh Ministers, if the regulations contain only provision which
relates to Welsh devolved matters;
(d) a Northern Ireland department, if the regulations contain only
provision which relates to Northern Ireland devolved matters.
(2)
20
The Secretary of State may not make regulations under this Act containing
provision—
(a) which relates to a Scottish devolved matter, unless the Scottish
Ministers have consented to that provision;
(b) which relates to a Welsh devolved matter, unless the Welsh Ministers
have consented to that provision;
25(c) which relates to a Northern Ireland devolved matter, unless a Northern
Ireland department has consented to that provision.
(3) A power to make regulations under this Act includes power to make—
(a) supplementary, incidental, transitional or saving provision;
(b) different provision for different purposes or areas.
30(4) Regulations under this Act made by—
(a) the Secretary of State, or
(b) the Welsh Ministers,
are to be made by statutory instrument.
(5)
35
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)).
(6) Where regulations under this Act made or to be made by the Secretary of
State—
Public Office (Accountability) Bill 16
Part 5—Miscellaneous and final provisions

(a) 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;
(b)
5
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.
(7) Where regulations under this Act made or to be made by the Welsh
Ministers—
(a)
10
are subject to the negative procedure, the statutory instrument
containing them is subject to annulment in pursuance of a resolution
of Senedd Cymru;
(b) 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, Senedd Cymru.
15(8) Where regulations under this Act made or to be made by a Northern Ireland
department—
(a) 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.));
20(b) 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.
(9) See sections 28 and 29 of the Interpretation and Legislative Reform (Scotland)
25
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.
(10) 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.
30(11) 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.
(12)
35
In this section “Secretary of State” includes the Chancellor of the Duchy of
Lancaster.
(13) Subsection (2) does not apply to regulations under section 21(1).
(14) This section does not apply to regulations under section 25.
23 General interpretation
(1) In this Act—
40“act” includes an omission or a course of conduct (and references to
doing an act are to be read accordingly);
17 Public Office (Accountability) Bill
Part 5—Miscellaneous and final provisions

“appropriate national authority”, in relation to regulations under this
Act, has the meaning given by section 22(1);
“body” means any entity (whether or not a legal person) other than an
individual, including—
5(a) a body corporate (whether or not established in the United
Kingdom),
(b) a corporation sole,
(c) a partnership, within the meaning of the Partnership Act 1890,
(d)
10
a limited partnership registered under the Limited Partnership
Act 1907,
(e) 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
(f) an unincorporated association;
15“court” includes any tribunal or body exercising the judicial power of
the State;
“enactment” includes—
(a) an enactment comprised in subordinate legislation (as defined
in section 21 of the Interpretation Act 1978),
20(b) an enactment comprised in, or in an instrument made under,
a Measure or Act of Senedd Cymru,
(c) an enactment comprised in, or in an instrument made under,
an Act of the Scottish Parliament,
(d)
25
an enactment comprised in, or in an instrument made under,
Northern Ireland legislation, and
(e) assimilated direct legislation;
“further education provider” means—
(a) in relation to England and Wales—
(i)
30
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;
(ii) the governing body of an institution within the further
35
education sector, within the meaning of the Further and
Higher Education Act 1992 (see sections 90 and 91 of
that Act);
(b) 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);
40(c) 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);
45
“government department” means any department of His Majesty’s
Government;
Public Office (Accountability) Bill 18
Part 5—Miscellaneous and final provisions

“intelligence service” means each of the Security Service, the Secret
Intelligence Service and the Government Communications
Headquarters;
“local authority” means—
5(a) in relation to England—
(i) a county council, district council or parish council,
(ii) a London borough council,
(iii) the Greater London Authority,
(iv) the Common Council of the City of London,
10(v) the Council of the Isles of Scilly,
(vi) a combined authority established under section 103 of
the Local Democracy, Economic Development and
Construction Act 2009, or
(vii)
15
a combined county authority established under section
9(1) of the Levelling-up and Regeneration Act 2023;
(b) in relation to Scotland, a council for any local government area
constituted under section 2(1) of the Local Government etc.
(Scotland) Act 1994;
(c)
20
in relation to Wales, a county council, a county borough council
or a community council;
(d) 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”—
25(a) in relation to England, has the meaning given by section 275(1)
of the National Health Service Act 2006;
(b) in relation to Scotland, means a Health Board constituted under
section 2 of the National Health Service (Scotland) Act 1978, a
30
Special Health Board constituted under that section or the
Common Services Agency for the Scottish Health Service
constituted under section 10 of that Act;
(c) in relation to Wales, has the meaning given by section 206(1)
of the National Health Service (Wales) Act 2006;
(d)
35
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—
(a)
40
the First Minister and deputy First Minister in Northern Ireland
acting jointly,
(b) a Northern Ireland Minister, or
(c) a Northern Ireland department;
“police force” means—
(a)
45
a police force maintained under section 2 of the Police Act
1996;
19 Public Office (Accountability) Bill
Part 5—Miscellaneous and final provisions

(b) the metropolitan police force;
(c) the City of London police force;
(d) the Police Service of Scotland;
(e) the Police Service of Northern Ireland;
5(f) the Police Service of Northern Ireland Reserve;
(g) the British Transport Police Force;
(h) the Civil Nuclear Constabulary;
(i) the Ministry of Defence Police;
(j) the National Crime Agency;
10“policing body” means—
(a) a police and crime commissioner;
(b) the Mayor's Office for Policing and Crime;
(c) the Common Council of the City of London as police authority
for the City of London police area;
15(d) the Scottish Police Authority;
(e) the Northern Ireland Policing Board;
(f) the British Transport Police Authority;
(g) the Civil Nuclear Police Authority;
(h)
20
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—
25(a) in relation to England and Wales, the proprietor, within the
meaning given by section 579(1) of the Education Act 1996,
of—
(i) a maintained school, within the meaning of the School
30
Standards and Framework Act 1998 (see section 20(7)
of that Act), or
(ii) an Academy School, within the meaning given by
section 1A of the Academies Act 2010;
(b) in relation to Scotland, the managers of a grant-aided school,
35
within the meaning given by the Education (Scotland) Act 1980
(see section 135 of that Act);
(c) 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));
40“United Kingdom national” means—
(a) a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,
(b) a person who, under the British Nationality Act 1981, is a
British subject, or
Public Office (Accountability) Bill 20
Part 5—Miscellaneous and final provisions

(c) a British protected person, within the meaning of that Act.
(2) References in this Act to “the person leading” an inquiry or investigation are
to—
(a)
5
in the case of an inquiry under the Inquiries Act 2005, the chair of the
inquiry;
(b) in the case of an investigation under Part 1 of the Coroners and Justice
Act 2009, the senior coroner who is conducting the investigation;
(c) in the case of an investigation by the procurator fiscal under section
10
1(1)(a) of the Inquiries into Fatal Accidents and Sudden Deaths etc.
(Scotland) Act 2016 (asp 2), the procurator fiscal;
(d) in the case of an inquiry under that Act, the sheriff who is conducting
the inquiry;
(e) in the case of an inquest under the Coroners Act (Northern Ireland)
1959 (c. 15 (N.I.)), the coroner who is holding the inquest;
15(f) 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).
(3) For the purposes of this Act, a person “works for” another (A) if—
(a) the person works under a contract of employment with A;
20(b) the person works under a contract of apprenticeship with A;
(c) the person works under a contract to do work personally with A;
(d) in England and Wales or Scotland, the person is an agency worker,
within the meaning of the Agency Workers Regulations 2010 (S.I.
25
2010/93), in respect of whom A is the hirer, within the meaning of
those regulations;
(e) 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;
30(f) where A is a police force, the person is in relation to A—
(i) a member, constable or special constable, or
(ii) a community support volunteer or policing support volunteer
designated under section 38 of the Police Reform Act 2002;
(g) the person is in Crown employment under or for the purposes of A;
35(h) the person otherwise exercises functions on behalf of A.
(4) In subsection (3)(g) “Crown employment”—
(a) in relation to England and Wales and Scotland, has the meaning given
by section 191(3) of the Employment Rights Act 1996,
(b)
40
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.
21 Public Office (Accountability) Bill
Part 5—Miscellaneous and final provisions

(5) For the purposes of this Act—
(a) something relates to Scottish devolved matters so far as it relates to
any matter provision about which would be within the legislative
5
competence of the Scottish Parliament if it were contained in an Act
of that Parliament;
(b) 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
10
Senedd (ignoring any requirement for the consent of a Minister of the
Crown imposed under Schedule 7B to the Government of Wales Act
2006);
(c) something relates to Northern Ireland devolved matters so far as it
relates to any matter provision about which—
(i)
15
would be within the legislative competence of the Northern
Ireland Assembly if it were contained in an Act of that
Assembly, and
(ii) would not, if it were contained in a Bill in the Northern Ireland
Assembly, result in the Bill requiring the consent of the
20
Secretary of State under section 8 of the Northern Ireland Act
1998.
24 Extent
(1) Except as provided by subsection (2)—
(a) Part 1, Chapters 1 and 2 of Part 2 and this Part extend to England and
Wales, Scotland and Northern Ireland;
25(b) Chapter 3 of Part 2, and Parts 3 and 4, extend to England and Wales
only.
(2) Any amendment or repeal made by this Act has the same extent within the
United Kingdom as the provision amended or repealed.
25 Commencement
30(1) This Part comes into force on the day on which this Act is passed.
(2) The rest of this Act comes into force—
(a) for the purposes of making regulations, on the day on which this Act
is passed;
(b)
35
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.
(3) The appropriate authority may by regulations (or, if the appropriate authority
40
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.
Public Office (Accountability) Bill 22
Part 5—Miscellaneous and final provisions

(4) The power to make regulations or an order under subsection (3) includes
power to make different provision for different purposes or areas.
(5) In this section “the appropriate authority” means—
(a) except as provided by paragraph (b) or (c), the Secretary of State;
5(b) in the case of regulations that bring into force Part 5 of Schedule 1,
the Scottish Ministers;
(c) in the case of an order that brings into force Part 6 of Schedule 1, the
Department of Justice in Northern Ireland.
(6)
10
Regulations under this section made by the Secretary of State are to be made
by statutory instrument.
(7) 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)).
(8)
15
In this section “Secretary of State” includes the Chancellor of the Duchy of
Lancaster.
26 Short title
This Act may be cited as the Public Office (Accountability) Act 2025.
23 Public Office (Accountability) Bill
Part 5—Miscellaneous and final provisions

SCHEDULES
Section 2 SCHEDULE 1
APPLICATION OF DUTY OF CANDOUR AND ASSISTANCE
PART 1
5INQUIRIES UNDER THE INQUIRIES ACT 2005
1 The Inquiries Act 2005 is amended as follows. (1)
(2) After section 23 insert—
“23A Duty of candour and assistance: directions
(1)
10
As soon as reasonably practicable after the start of an inquiry, the
chair of the inquiry must (subject to subsections (9) and (10)) 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,
15if it appears to the chair that the person’s acts are or may be relevant
to the inquiry or that they otherwise have information likely to be
relevant.
(2) Subsection (1) does not limit the power of the chair to give a
20
compliance direction at any other time during the course of the
inquiry.
(3) 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.
25(4) A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed by—
(a) section 2(4) of the Public Office (Accountability) Act 2025,
and
(b)
30
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 terms of reference of the inquiry;
(c)
35
may specify particular requirements to be complied with
(and for that purpose may specify the form and manner in
which, and the period within which, those requirements are
to be complied with);
Public Office (Accountability) Bill 24
Schedule 1—Application of duty of candour and assistance
Part 1—Inquiries under the Inquiries Act 2005

(d) may be varied, supplemented or revoked by the giving of
a further direction.
(6) In determining the objectives of the inquiry for the purposes of
5
complying with the duty of candour and assistance under section
2(4) of the Public Office (Accountability) Act 2025, regard is to be
had (in particular) to the inquiry’s terms of reference as set out in
the compliance direction.
(7) Subsections (3) to (5) of section 21 apply to a compliance direction
as they apply to a notice under that section.
10(8) 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
15
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).
(9) A requirement under this section to give a person a compliance
20
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).
(10) A compliance direction may not be given to a public official if it
25
would require the official to provide information relating to security
or intelligence, within the meaning given by section 1(9) of the
Official Secrets Act 1989, and a public official is not required to
provide any such information in response to a direction given in
breach of this subsection (but this section otherwise applies to an
intelligence service as it applies to other public authorities).
30(11) A person ceases to be subject to the duty of candour and assistance
when the inquiry to which it relates ends.
(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 2025—
35“body”;
“duty of candour and assistance”;
“intelligence service”;
“public authority”;
“public official”;
40(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;
25 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 1—Inquiries under the Inquiries Act 2005

(c) the reference to the individual “in charge” of a public
authority or other body is to be read in accordance with
section 8(2) and (3) of that Act.”
(3) In each of the following provisions, after “section 21” insert “or 23A”—
5(a) section 27(3) (limitation of section 21 powers in relation to United
Kingdom inquiries);
(b) section 28(3) (limitation of section 21 powers in relation to Scottish
inquiries);
(c)
10
section 29(3) (limitation of section 21 powers in relation to Welsh
inquiries);
(d) section 30(4) and (6) (limitation of section 21 powers in relation to
Northern Ireland inquiries).
(4) In section 35 (offences), after subsection (8) insert—
“(9)
15
In the case of a person to whom a direction under section 23A is
given, see section 5 of the Public Office (Accountability) Act 2025
(offence of failing to comply with duty of candour and assistance).”
(5) In section 36 (enforcement by High Court or Court of Session), in subsection
(1)(a) for “or 21” substitute “, 21 or 23A”.
PART 2
20NON-STATUTORY INQUIRIES
2 This paragraph applies where— (1)
(a) a Minister has caused a non-statutory inquiry to be held,
(b) the inquiry’s functions include the delivery of a report to the
Minister with a view to its publication, and
25(c) 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—
(i) particular events have caused, or are capable of causing,
public concern, or
30(ii) there is public concern that particular events have occurred.
(2) As soon as reasonably practicable after the start of the inquiry, the chair
must (subject to sub-paragraphs (10) and (11)) give a compliance direction—
(a) to a public authority or public official, or
(b)
35
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 person’s acts are or may be relevant to
the inquiry or that they otherwise have information likely to be relevant.
(3) 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.
Public Office (Accountability) Bill 26
Schedule 1—Application of duty of candour and assistance
Part 2—Non-statutory inquiries

(4) Where a compliance direction is given to a public authority or body within
sub-paragraph (2)(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)
5
A “compliance direction” is a direction to comply with the obligations
under the duty of candour and assistance imposed by—
(a) section 2(4), and
(b) in the case of a direction given to an individual under sub-paragraph
(4), section 2(5).
(6) A compliance direction—
10(a) must be given in writing;
(b) must set out the terms of reference of the inquiry;
(c) may specify particular requirements to be complied with (and for
that purpose may specify the form and manner in which, and the
period within which, those requirements are to be complied with);
15(d) may be varied, supplemented or revoked by the giving of a further
direction.
(7) In determining the objectives of the inquiry for the purposes of complying
with the duty of candour and assistance under section 2(4), regard is to be
20
had (in particular) to the inquiry’s terms of reference as set out in the
compliance direction.
(8) The reference to a report in sub-paragraph (1)(b) is to a report that sets
out—
(a) the facts determined by the chair, and
(b)
25
the recommendations of the chair (where the inquiry’s terms of
reference require the chair to make recommendations).
(9) 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
30
the duty of candour and assistance applies by virtue of this paragraph as
they apply to an inquiry under the 2005 Act—
Extent of application 31 Provision of 2005 Act
Apply only in relation to procedure and
conduct of inquiry so far as relating to
32
33
Section 17(1) and (2)
(evidence and procedure)
35
requirements imposed under the duty of
candour and assistance
Apply only in relation to restrictions imposed
in respect of evidence etc given in compliance
with the duty of candour and assistance
36
37
Sections 19 and 20
38
(restrictions on public
access etc)
40
Apply to a compliance direction as they apply
to a notice under section 21 of the 2005 Act
39
40
Section 21(3) to (5)
(contents of, and
challenges to, notices)
27 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 2—Non-statutory inquiries

Extent of application 31 Provision of 2005 Act
Applies in respect of evidence etc given under
the duty of candour and assistance as it
2
3
Section 22(1) (privileged
information etc)
5
applies to evidence etc given under section
21 of the 2005 Act
Applies only in relation to evidence or
documents that would otherwise be required
6
7
Section 22(2) (public
interest immunity)
to be produced under the duty of candour
and assistance
10Applies to information that is provided in
compliance with the duty of candour and
assistance
10
11
Section 23 (risk of damage
to the economy)
Apply in respect of the power to give a
15
compliance direction as they apply in respect
13
14
Section 27(3) and (4)
15
(United Kingdom
inquiries) of the power to give a notice under section
21 of the 2005 Act
Apply in respect of the power to give a
compliance direction as they apply in respect
17
18
Section 28(3) and (4)
(Scottish inquiries)
20
of the power to give a notice under section
21 of the 2005 Act
Apply in respect of the power to give a
compliance direction as they apply in respect
21
22
Section 29(3) and (4)
(Welsh inquiries)
of the power to give a notice under section
21 of the 2005 Act
25Apply in respect of the power to give a
compliance direction as they apply in respect
25
26
Section 30(4) to (6)
27
(Northern Ireland
inquiries) of the power to give a notice under section
21 of the 2005 Act
30
Applies to a failure to comply etc with a
compliance direction as it applies to a failure
29
30
Section 36 (enforcement by
31
High Court or Court of
Session) etc to comply with a notice under section 21
of the 2005 Act.
(10) The requirement under this paragraph to give a person a compliance
35
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 (9) of a provision of the 2005
Act.
(11) A compliance direction may not be given to a public official if it would
40
require the official to provide information relating to security or intelligence,
within the meaning given by section 1(9) of the Official Secrets Act 1989,
1
and a public official is not required to provide any such information in
Public Office (Accountability) Bill 28
Schedule 1—Application of duty of candour and assistance
Part 2—Non-statutory inquiries

response to a direction given in breach of this sub-paragraph (but this
paragraph otherwise applies to an intelligence service as it applies to other
public authorities).
(12)
5
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).
(13) In this paragraph—
(a)
10
references to a non-statutory inquiry are to an inquiry (however
described) that is held otherwise than under the 2005 Act or another
enactment;
(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;
15(c) the following terms have the same meanings as in the 2005 Act—
“Minister” (see section 1(2) of that Act);
“terms of reference” (see section 5(6) of that Act).
3 This paragraph applies in relation to the giving of a compliance direction
under paragraph 2 to a person.
(1)
20(2) The direction may be given to the person by—
(a) delivering a copy of it to the person,
(b) leaving a copy of it at the person’s proper address,
(c) sending a copy of it by post to the person at that address, or
(d) sending a copy of it by email to the person’s email address.
25(3) A direction to a body corporate may be given in accordance with
sub-paragraph (2) to any officer of that body.
(4) 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.
30(5) 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.
(6) The person’s proper address is—
(a)
35
in the case of a body that has a registered or principal office, the
address of that office;
(b) 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.
(7)
40
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—
(a) its principal office in the United Kingdom, or
29 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 2—Non-statutory inquiries

(b) 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.
5(8) For the purposes of sub-paragraph (2)(d), a person’s email address is—
(a) any email address published for the time being by the person as
an address for contacting them, or
(b) if there is no such published address, any email address by means
10
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.
(9) In this paragraph—
15
“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.
PART 3
20LOCAL AUTHORITY INQUIRIES
4 This paragraph applies where— (1)
(a) a local authority in England has caused an inquiry (however
described) to be established,
(b)
25
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,
(c) the inquiry’s functions include the delivery of a report to the
authority with a view to its publication, and
(d)
30
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.
(2) The condition is that the event (or series of events) caused, or created a
significant risk of causing—
35(a) death or serious physical or psychological harm, or
(b) 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.
(3)
40
As soon as reasonably practicable after the start of the inquiry, the chair
must (subject to sub-paragraph (11)) give a compliance direction—
(a) to a public authority or public official, or
Public Office (Accountability) Bill 30
Schedule 1—Application of duty of candour and assistance
Part 3—Local authority inquiries

(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 person’s acts are or may be relevant to
the inquiry or that they otherwise have information likely to be relevant.
5(4) Sub-paragraph (3) does not limit the power of the chair to give a compliance
direction at any other time during the course of the inquiry.
(5) Where a compliance direction is given to a public authority or body within
sub-paragraph (3)(b), a compliance direction must also be given to the
individual appearing to the chair to be in charge of that authority or body.
10(6) A “compliance direction” is a direction to comply with the obligations
under the duty of candour and assistance imposed by—
(a) section 2(4), and
(b) in the case of a direction given to an individual under sub-paragraph
(5), section 2(5).
15(7) A compliance direction—
(a) must be given in writing;
(b) must set out the terms of reference of the inquiry;
(c) may specify particular requirements to be complied with (and for
20
that purpose may specify the form and manner in which, and the
period within which, those requirements are to be complied with);
(d) may be varied, supplemented or revoked by the giving of a further
direction.
(8) In determining the objectives of the inquiry for the purposes of complying
25
with the duty of candour and assistance under section 2(4), regard is to be
had (in particular) to the terms of reference as set out in the compliance
direction.
(9) The reference to a report in sub-paragraph (1)(c) is to a report that sets
out—
(a) the facts determined by the chair, and
30(b) the recommendations of the chair (where the purposes of the inquiry
include the making of recommendations).
(10) 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
35
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—
Extent of application 37 Provision of 2005 Act
Apply only in relation to procedure and
40
conduct of inquiry so far as relating to
38
39
Section 17(1) and (2)
(evidence and procedure)
requirements imposed under the duty of
candour and assistance
31 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 3—Local authority inquiries

Extent of application 37 Provision of 2005 Act
Apply only in relation to restrictions imposed
in respect of evidence etc given in
2
3
Sections 19 and 20
4
(restrictions on public
access etc)
5
compliance with the duty of candour and
assistance
Apply to a compliance direction as they
apply to a notice under section 21 of the 2005
Act
6
7
Section 21(3) to (5)
8
(contents of, and challenges
to, notices)
10
Applies in respect of evidence etc given
under the duty of candour and assistance as
9
10
Section 22(1) (privileged
information etc)
it applies to evidence etc given under section
21 of the 2005 Act
Applies only in relation to evidence or
15
documents that would otherwise be required
13
14
Section 22(2) (public
interest immunity)
to be produced under the duty of candour
and assistance
Applies to a failure to comply etc with a
compliance direction as it applies to a failure
17
18
Section 36 (enforcement by
19
High Court or Court of
Session)
20
etc to comply with a notice under section 21
of the 2005 Act.
(11) A compliance direction—
(a) may be given only—
(i) in respect of evidence, documents or other things that are
25
wholly or primarily concerned with a local authority matter,
or
(ii) for the purpose of inquiring into something that is wholly
or primarily a local authority matter;
(b) may not be given so as to require any evidence, document or other
30
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);
(c) may not be given to a public official if it would require the official
35
to provide information relating to security or intelligence, within
the meaning given by section 1(9) of the Official Secrets Act 1989,
and a public official is not required to provide any such information
in response to a direction given in breach of this prohibition (but
this paragraph otherwise applies to an intelligence service as it
applies to other public authorities).
40(12) A person ceases to be subject to the duty of candour and assistance when
the inquiry to which it relates comes to an end.
Public Office (Accountability) Bill 32
Schedule 1—Application of duty of candour and assistance
Part 3—Local authority inquiries

(13) In determining when an inquiry established by a local authority comes to
an end for the purposes of sub-paragraph (12), section 14 of the Inquiries
Act 2005 applies as it applies to an inquiry under that Act as if—
(a) references in that section to the Minister were to the authority, and
5(b) subsection (4)(b) of that section were omitted.
(14) In this paragraph—
(a) references to a local authority in England do not include a parish
council;
(b)
10
references to a “local authority matter”, in relation to a local
authority, are to any matter—
(i) which relates to the area of the authority, and
(ii) in respect of which the authority exercises functions;
(c) “terms of reference”, in relation to an inquiry established by a local
authority, means—
15(i) the matters to which the inquiry relates;
(ii) any particular matters as to which the chair is to determine
the facts;
(iii) whether the chair is to make recommendations;
(iv)
20
any other matters relating to the scope of the inquiry that
the local authority may specify;
(d) 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.
(15)
25
Paragraph 3 applies to a compliance direction given under this paragraph
as it applies to a compliance direction given under paragraph 2.
PART 4
INVESTIGATIONS UNDER PART 1 OF THE CORONERS AND JUSTICE ACT 2009
5 The Coroners and Justice Act 2009 is amended as follows. (1)
(2) In Schedule 5 (powers of coroners), after paragraph 2 insert—
30“Duty of candour and assistance: directions
2A A senior coroner who is conducting an investigation under this
Part must (subject to sub-paragraph (9)) give a compliance
direction—
(1)
(a) to a person who is a public authority or public official, or
35(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.
33 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 4—Investigations under Part 1 of the Coroners and Justice Act 2009

(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)
5
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.
10(4) A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed
by—
(a) section 2(4) of the Public Office (Accountability) Act 2025,
and
15(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)
20
must set out the purpose of the investigation (see section
5(1));
(c) may specify particular requirements to be complied with
(and for that purpose may specify the form and manner
in which, and the period within which, those requirements
are to be complied with);
25(d) may be varied, supplemented or revoked by the giving
of a further direction.
(6) In determining the objectives of the investigation for the purposes
of complying with the duty of candour and assistance under
30
section 2(4) of the Public Office (Accountability) Act 2025, regard
is to be had (in particular) to the purpose set out in the
compliance direction.
(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
35
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 2025).
(8) The duty of candour and assistance does not require a person to
provide any information—
(a)
40
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 may not be given to a public official if it
1
would require the official to provide information relating to
Public Office (Accountability) Bill 34
Schedule 1—Application of duty of candour and assistance
Part 4—Investigations under Part 1 of the Coroners and Justice Act 2009

security or intelligence, within the meaning given by section 1(9)
of the Official Secrets Act 1989, and a public official is not required
to provide any such information in response to a direction given
5
in breach of this sub-paragraph (but this paragraph otherwise
applies to an intelligence service as it applies to other public
authorities).
(10) A person ceases to be subject to the duty of candour and
assistance when the investigation to which it relates is completed
or discontinued.
10(11) In this paragraph—
(a) the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2025—
“body”;
“duty of candour and assistance”;
15“intelligence service”;
“public authority”;
“public official”;
(b) the reference to a person who had a relevant public
20
responsibility in connection with an incident is to be read
in accordance with section 4 of that Act;
(c) the reference to the individual “in charge” of a public
authority or other body is to be read in accordance with
section 8(2) and (3) of that Act.”
(3)
25
In Schedule 6 (offences), in Part 2 (offences relating to witnesses and
evidence), after paragraph 9 insert—
“8A 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 2025 (offence of failing to comply with duty
of candour and assistance).”
30PART 5
INQUIRIES IN SCOTLAND INTO FATAL ACCIDENTS AND SUDDEN DEATHS
6 The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act
2016 (asp 2) is amended as follows.
(1)
(2) After section 10 (citation of witnesses for precognition) insert—
35“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 (13)) give a
compliance direction to a person who—
40(a) is a public authority or public official, or
35 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 5—Inquiries in Scotland into fatal accidents and sudden deaths

(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).
5(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.
10(4) Subsection (2) does not limit the power of the sheriff under section
20A to require the procurator fiscal to give a compliance direction.
(5) Where a compliance direction is given to a public authority or other
body within subsection (2)(b), a compliance direction must also be
15
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.
(6) A “compliance direction” is a direction to comply with the
obligations under the duty of candour and assistance imposed by—
20(a) section 2(4) of the Public Office (Accountability) Act 2025,
and
(b) in the case of a direction given to an individual under
subsection (5), section 2(5) of that Act.
(7) A compliance direction—
25(a) must be given in writing;
(b) must set out the purpose of the inquiry to which the
investigation relates;
(c) may specify particular requirements to be complied with
30
(and for that purpose may specify the form and manner in
which, and the period within which, those requirements are
to be complied with);
(d) may be varied, supplemented or revoked by the giving of
a further direction.
(8)
35
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 2025, regard is to be had (in particular) to the
purpose set out in the compliance direction.
(9) A compliance direction must—
40(a) explain the possible consequences of not complying with the
direction;
Public Office (Accountability) Bill 36
Schedule 1—Application of duty of candour and assistance
Part 5—Inquiries in Scotland into fatal accidents and sudden deaths

(b) indicate what the person to whom the direction is given
should do if they wish to make a claim within subsection
(10).
(10) A claim by a person that—
5(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,
10
is to be determined by the sheriff, who may revoke or vary the
direction on that ground.
(11) In deciding whether to revoke or vary a direction on the ground
mentioned in subsection (10)(b), the sheriff must consider the public
interest in the assistance in question being given, having regard to
the likely importance of the assistance.
15(12) 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
20
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).
25(13) A compliance direction may not be given to a public official if it
would require the official to provide information relating to security
or intelligence, within the meaning given by section 1(9) of the
Official Secrets Act 1989, and a public official is not required to
30
provide any such information in response to a direction given in
breach of this subsection (but this section otherwise applies to an
intelligence service as it applies to other public authorities).
(14) A person ceases to be subject to the duty of candour and assistance
when the inquiry to which the investigation relates ends.
(15) In this section—
35(a) the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2025—
“body”;
“duty of candour and assistance”;
“intelligence service”;
40“public authority”;
“public official”;
37 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 5—Inquiries in Scotland into fatal accidents and sudden deaths

(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;
(c)
5
the reference to the individual “in charge” of a public
authority or other body is to be read in accordance with
section 8(2) and (3) of that Act.”
(3) After section 20 (evidence and witnesses) insert—
“20A Duty of candour and assistance: further directions
(1)
10
Where an inquiry is, or is to be, held, the sheriff may (subject to
section 10A(13) 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,
15if 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).
20(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
25
would be contrary to the efficient and effective conduct of the
inquiry.
(4) Subsections (6) to (15) 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).”
PART 6
30INVESTIGATIONS UNDER THE CORONERS ACT (NORTHERN IRELAND) 1959
7 The Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) is amended as
follows.
(1)
(2) After section 17B insert—
“17BA Application of the duty of candour and assistance
35(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
Public Office (Accountability) Bill 38
Schedule 1—Application of duty of candour and assistance
Part 6—Investigations under the Coroners Act (Northern Ireland) 1959

(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)
5
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
10
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—
(a)
15
section 2(4) of the Public Office (Accountability) Act 2025,
and
(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;
20(b) must set out the purposes of the investigation or inquest;
(c) may specify particular requirements to be complied with
(and for that purpose may specify the form and manner in
which, and the period within which, those requirements are
to be complied with);
25(d) may be varied, supplemented or revoked by the giving of
a further direction.
(6) In determining the objectives of the investigation or inquest for the
purposes of complying with the duty of candour and assistance
30
under section 2(4) of the Public Office (Accountability) Act 2025,
regard is to be had (in particular) to the purposes set out in the
compliance direction.
(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
35
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 2025).
(8) The duty of candour and assistance does not require a person to
provide any information—
(a)
40
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)).
39 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 6—Investigations under the Coroners Act (Northern Ireland) 1959

(9) A compliance direction may not be given to a public official if it
would require the official to provide information relating to security
or intelligence, within the meaning given by section 1(9) of the
5
Official Secrets Act 1989, and a public official is not required to
provide any such information in response to a direction given in
breach of this subsection (but this section otherwise applies to an
intelligence service as it applies to other public authorities).
(10) A person ceases to be subject to the duty of candour and assistance
10
from such time as the inquest or (if there is no inquest) investigation
to which the direction relates is completed.
(11) In this section—
(a) the following terms have the same meanings as in Chapter
1 of Part 2 of the Public Office (Accountability) Act 2025—
“body”;
15“duty of candour and assistance”;
“intelligence service”;
“public authority”;
“public official”;
(b)
20
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
25
in accordance with section 4 of Public Office (Accountability)
Act 2025;
(d) the reference to the individual “in charge” of a public
authority or other body is to be read in accordance with
section 8(2) and (3) of that Act.”
(3) In section 17C (offences relating to evidence), after subsection (6) insert—
30“(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 2025
(offence of failing to comply with duty of candour and assistance).”
PART 7
POWER TO EXTEND DUTY TO OTHER INVESTIGATIONS
358 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—
(1)
(a) a specified investigation, or
(b) investigations of a specified description.
40(2) 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—
Public Office (Accountability) Bill 40
Schedule 1—Application of duty of candour and assistance
Part 7—Power to extend duty to other investigations

(a) a criminal investigation;
(b) a regulatory or supervisory investigation;
(c) an investigation into the provision of public services;
(d) an investigation into the exercise of public functions.
5(3) Regulations under this paragraph may also include provision requiring or
enabling the duty of candour and assistance to be applied to a person
who—
(a) is not a public authority or public official, but
(b)
10
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.
(4) Regulations under this paragraph must include provision to secure that—
(a)
15
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;
(b) the rules of law under which evidence or documents are permitted
20
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;
(c)
25
the duty of candour and assistance is not applied in the case of a
public official so far as it would require the official to provide
information relating to security or intelligence, within the meaning
given by section 1(9) of the Official Secrets Act 1989.
(5) Regulations under this paragraph may—
(a)
30
confer functions on a person (including functions involving the
exercise of a discretion);
(b) provide for exceptions from, or modifications to, the duty of candour
and assistance as applied under the regulations;
(c) make provision by—
(i)
35
applying (with or without modifications) an enactment
(including an enactment contained in this Part), or
(ii) amending, repealing or revoking an enactment;
(d) apply in relation to investigations whether beginning before or after
the coming into force of the regulations.
(6)
40
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.
(7) In this paragraph—
“criminal investigation” means an investigation of any criminal conduct,
1
and for this purpose “criminal conduct” means conduct which
41 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 7—Power to extend duty to other investigations

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;
5“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—
10(a) the regulation of persons or activities, or
(b) the checking or monitoring of compliance with professional
or other standards.
9 This paragraph applies to regulations under paragraph 8 made by the
appropriate national authority which—
(1)
15(a) include provision made by virtue of sub-paragraph (1)(a) of that
paragraph in relation to a specified investigation, and
(b) contain a statement made by the authority that, by reason of
urgency, it is necessary to make the regulations without a draft
20
being laid and approved in accordance with the affirmative
procedure.
(2) Where this paragraph applies to regulations made by the Secretary of
State—
(a) the statutory instrument containing the regulations must be laid
25
before Parliament as soon as reasonably practicable after being
made, and
(b) 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.
30(3) Where this paragraph applies to regulations made by the Scottish
Ministers—
(a) section 30 of the Interpretation and Legislative Reform (Scotland)
Act 2010 does not apply to the regulations,
(b)
35
the Scottish statutory instrument containing the regulations must
be laid before the Scottish Parliament as soon as reasonably
practicable after being made, and
(c) 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
40
unless, during that period, the instrument is approved by a
resolution of the Scottish Parliament.
(4) Where this paragraph applies to regulations made by the Welsh Ministers—
(a) the statutory instrument containing the regulations must be laid
before the Senedd as soon as reasonably practicable after being
made, and
Public Office (Accountability) Bill 42
Schedule 1—Application of duty of candour and assistance
Part 7—Power to extend duty to other investigations

(b) 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 Senedd.
5(5) Where this paragraph applies to regulations made by a Northern Ireland
department, the regulations—
(a) must be laid before the Northern Ireland Assembly as soon as
reasonably practicable after being made, and
(b)
10
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.
(6) In calculating the period of 40 days—
(a) for the purposes of sub-paragraph (2)(b), no account is to be taken
of any time during which—
15(i) Parliament is dissolved or prorogued, or
(ii) either House of Parliament is adjourned for more than four
days;
(b) for the purposes of sub-paragraph (3)(c), no account is to be taken
of any time during which the Scottish Parliament is—
20(i) dissolved, or
(ii) in recess for more than four days;
(c) for the purposes of sub-paragraph (4)(b), no account is to be taken
of any time during which the Senedd is—
(i) dissolved, or
25(ii) in recess for more than four days;
(d) for the purposes of sub-paragraph (5)(b) no account is to be taken
of any time during which the Northern Ireland Assembly is—
(i) dissolved,
(ii) in recess for more than 4 days, or
30(iii) adjourned for more than 6 days.
(7) If regulations cease to have effect as a result of this paragraph that does
not—
(a) affect the validity of anything previously done under the regulations,
or
35(b) prevent the making of new regulations.
43 Public Office (Accountability) Bill
Schedule 1—Application of duty of candour and assistance
Part 7—Power to extend duty to other investigations

Sections 8, 9 and 11 SCHEDULE 2
MEANING OF “PUBLIC AUTHORITY” AND “PUBLIC OFFICIAL” ETC
PART 1
INTRODUCTORY
51 This Schedule contains provision about the meaning of “public authority”
and “public official” for the purposes of Part 2 of this Act.
(1)
(2) Part 2 of this Schedule defines “public authority” and “public official” for
the purposes of Chapters 1 and 3 of Part 2 and contains other related
provision.
10(3) Part 3 of this Schedule defines “public authority” for the purposes of
Chapter 2 of Part 2 and contains other related provision.
PART 2
“PUBLIC AUTHORITY” AND “PUBLIC OFFICIAL” IN CHAPTERS 1 AND 3 OF PART 2
Public authority
152 In Chapters 1 and 3 of Part 2, “public authority” means— (1)
(a) a government department,
(b) a Minister of the Crown,
(c) the Scottish Ministers,
(d) the Welsh Ministers,
20(e) a Northern Ireland devolved authority,
(f) any of the regular or reserve forces,
(g) a police force or policing body,
(h) a local authority,
(i) an NHS body,
25(j) a school or further education provider, or
(k) any other body that comes within sub-paragraph (2).
(2) A body comes within this sub-paragraph if—
(a) it is not an excluded body, and
(b) its functions—
30(i) are functions of a public nature, or
(ii) include functions of a public nature.
(3) But a body within sub-paragraph (2)(b)(ii) is a public authority only to the
extent of its functions of a public nature.
(4) The following are excluded bodies—
35(a) a court;
(b) either House of Parliament;
(c) the Scottish Parliament;
Public Office (Accountability) Bill 44
Schedule 2—Meaning of “public authority” and “public official” etc
Part 1—Introductory

(d) Senedd Cymru;
(e) the Northern Ireland Assembly;
(f) an implementation body, within the meaning given by section 55(3)
of the Northern Ireland Act 1998.
5(5) Anything done purportedly by a body that is a government department,
although in law done by the Crown or by the holder of a particular office,
is to be treated for the purposes of Chapters 1 and 3 of Part 2 as done by
the department itself.
(6)
10
References in Chapters 1 and 3 of Part 2 to a public authority include
references to a body which was, but is no longer, such an authority.
Public official
3 In Chapters 1 and 3 of Part 2, “public official” means (subject to
sub-paragraph (6)) an individual who—
(1)
(a) works for a public authority (see section 23(3)),
15(b) otherwise holds office under a public authority, or
(c) does not fall within paragraph (a) or (b) but holds a relevant public
office.
(2) But an individual is a public official only to the extent of their functions
as such an official.
20(3) An individual holds a “relevant public office” if the individual—
(a) is—
(i) a member of a body, or holder of an office, in respect of
which the conditions in both of sub-paragraphs (4) and (5)
are met, or
25(ii) works for such a body or office, and
(b) exercises functions of a public nature by virtue of falling within
paragraph (a).
(4) The condition in this sub-paragraph is that the body or office is not a public
authority but—
30(a) is established by virtue of His Majesty’s prerogative,
(b) is established by an enactment, or
(c) 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.
35(5) The condition in this sub-paragraph is that—
(a) 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);
(b)
40
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).
45 Public Office (Accountability) Bill
Schedule 2—Meaning of “public authority” and “public official” etc
Part 2—“Public authority” and “public official” in Chapters 1 and 3 of Part 2

(6) 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—
(a) acting in a judicial capacity or acting on the instructions of, or on
behalf of, an individual acting in a judicial capacity;
5(b) being employed in the civil service of the State, if they meet the
condition in sub-paragraph (7);
(c) serving as an elected member of a local authority, unless
sub-paragraph (8), (10) or (11) applies;
(d)
10
holding an honour or dignity conferred by, or being in the private
service of, the Crown.
(7) The condition referred to in sub-paragraph (6)(b) is that the individual—
(a) was appointed to the civil service of the State for the purpose only
of exercising functions wholly outside the United Kingdom, and
(b) exercises all of their functions wholly outside the United Kingdom.
15(8) This sub-paragraph applies if—
(a) the local authority is a local authority in England, Wales or Northern
Ireland that operates executive arrangements, and
(b) the individual is a member of the authority’s executive.
(9) In sub-paragraph (8) “executive” and “executive arrangements”—
20(a) in relation to a local authority in England, have the same meanings
as in Part 1A of the Local Government Act 2000;
(b) in relation to a local authority in Wales, have the same meanings
as in Part 2 of that Act;
(c)
25
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.)).
(10) This sub-paragraph applies if the local authority is an authority in England
that is a combined authority or a combined county authority.
(11) This sub-paragraph applies if—
30(a) the local authority is the Greater London Authority, and
(b) the individual is the Mayor of London or the Deputy Mayor of
London.
(12) 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.
35PART 3
“PUBLIC AUTHORITY” IN CHAPTER 2 OF PART 2
4 In Chapter 2 of Part 2, “public authority” means— (1)
(a) a government department,
(b) the Scottish Ministers,
40(c) the Welsh Ministers,
(d) a Northern Ireland devolved authority,
Public Office (Accountability) Bill 46
Schedule 2—Meaning of “public authority” and “public official” etc
Part 3—“Public authority” in Chapter 2 of Part 2

(e) any of the regular or reserve forces,
(f) a police force or policing body,
(g) a local authority,
(h) an NHS body,
5(i) a school or further education provider, or
(j) any other body that meets the condition in sub-paragraph (2) or (3)
and is not an excluded body.
(2) A body meets the condition in this sub-paragraph if—
(a) it is established—
10(i) by virtue of His Majesty’s prerogative,
(ii) by an enactment, or
(iii) 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
15(b) it is wholly or mainly constituted by appointment made by the
Crown or by a person mentioned in paragraph (a)(iii).
(3) A body meets the condition in this sub-paragraph if it exercises specified
public functions (but is a public authority for the purposes of Chapter 2
of Part 2 only to the extent of those functions).
20(4) 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.
(5) Regulations under sub-paragraph (4) are subject to the affirmative
procedure.
25(6) Each of the following is an “excluded body” for the purposes of
sub-paragraph (1)(j)—
(a) a court;
(b) either House of Parliament;
(c) the Scottish Parliament;
30(d) Senedd Cymru;
(e) the Northern Ireland Assembly;
(f) an implementation body, within the meaning given by section 55(3)
of the Northern Ireland Act 1998.
Sections 5 and 11 SCHEDULE 3
35OFFENCES UNDER PART 2: RELATED PROVISION
Limits on extra-territorial jurisdiction for offences under section 5 or 11
1 A person does not commit an offence under section 5 or 11 by virtue of
1
an act done outside the United Kingdom (in the case of an offence under
(1)
47 Public Office (Accountability) Bill
Schedule 3—Offences under Part 2: related provision

section 5) or England and Wales (in the case of an offence under section
11) unless at the time of the act the person is—
(a) a United Kingdom national,
(b) an individual who is habitually resident in the United Kingdom, or
5(c) a body incorporated, or otherwise formed, under the law of any
part of the United Kingdom.
(2) Where an offence under section 5 is committed outside the United
Kingdom—
(a)
10
proceedings for the offence may be taken at any place in the United
Kingdom, and
(b) the offence may for all incidental purposes be treated as having
been committed at any such place.
(3) In the application of sub-paragraph (2) to Scotland, any such proceedings
against a person may be taken—
15(a) in any sheriff court district in which the person is apprehended or
is in custody, or
(b) in such sheriff court district as the Lord Advocate may determine.
(4) 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).
20Consent for prosecutions
2 Proceedings for an offence under section 5 may be brought— (1)
(a) in England and Wales, only by or with the consent of the Director
of Public Prosecutions;
(b)
25
in Northern Ireland, only by or with the consent of the Director of
Public Prosecutions for Northern Ireland.
(2) Proceedings for an offence under section 11 may be brought only by or
with the consent of the Director of Public Prosecutions.
Extension of liability to officers of bodies
3
30
Where an offence under section 5 or 11 is committed by a body with the
consent or connivance of—
(1)
(a) a relevant person in relation to the body, or
(b) a person purporting to act in the capacity of a relevant person in
relation to the body,
35
the person (as well as the body) commits the offence and is liable to be
proceeded against and punished accordingly.
(2) “Relevant person”, in relation to a body, means—
(a) 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;
Public Office (Accountability) Bill 48
Schedule 3—Offences under Part 2: related provision

(b) 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;
(c) in the case of a corporation sole, the holder of that office;
5(d) in case of a limited partnership, a general partner, within the
meaning given by section 3 of the Limited Partnerships Act 1907;
(e) in the case of any other partnership, a partner;
(f) in the case of any other kind of body, a person who exercises
functions of management with respect to it.
10Proceedings against unincorporated bodies
4 Proceedings for an offence under section 5 or 11 alleged to have been
committed by an unincorporated body must be brought against the body
(1)
in its own name and not in that of any of its officers or members (but this
15
does not prevent an officer or member incurring liability by virtue of
paragraph 3).
(2) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if
the body were a body corporate;
(b)
20
the following provisions (which concern procedure in relation to
offences by bodies corporate) apply as they apply in relation to a
body corporate—
(i) section 33 of the Criminal Justice Act 1925 and Schedule 3
to the Magistrates’ Courts Act 1980;
(ii)
25
sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure
(Scotland) Act 1995;
(iii) 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)).
30(3) A fine imposed on the body for an offence under section 5 or 11 must be
paid out of the body’s funds.
Section 15 SCHEDULE 4
HOLDERS OF PUBLIC OFFICE
Ministers
351 A Minister of the Crown.
2 The First Minister for Wales. (1)
(2) A Welsh Minister appointed under section 48 of the Government of Wales
Act 2006.
49 Public Office (Accountability) Bill
Schedule 4—Holders of public office

(3) A Deputy Welsh Minister appointed under section 50 of that Act.
(4) The Counsel General to the Welsh Government.
Civil Servants
3 A person employed in the civil service of the State other than— (1)
5(a) the holder of any office in the Scottish Administration which is not
a ministerial office;
(b) a member of the staff of the Scottish Administration, within the
meaning given by section 126(7)(b) of the Scotland Act 1998;
(c) a member of the Northern Ireland Civil Service;
10(d) a person who meets the condition in sub-paragraph (2).
(2) The condition is that the person—
(a) was appointed to the civil service of the State for the purpose only
of exercising functions wholly outside the United Kingdom, and
(b) exercises all of their functions wholly outside the United Kingdom.
15(3) A person, not falling within sub-paragraph (1), who works for—
(a) a government department, or
(b) the Welsh Ministers.
Legislatures
4 A Member of either House of Parliament. (1)
20(2) A relevant member of the House of Commons staff, within the meaning
given by section 195(5) of the Employment Rights Act 1996.
(3) A relevant member of the House of Lords staff, within the meaning given
by section 194(6) of that Act.
5 A member of Senedd Cymru. (1)
25(2) 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.
Policing and law enforcement
6 A person—
(a)
30
serving with the police for the purposes of Part 2 of the Police
Reform Act 2002 (see section 12(7) of that Act), or
(b) treated as serving with the police for the purposes of that Part (see
section 12(8) to (10) of that Act).
7 A local policing body. (1)
(2) A person who works for a local policing body.
358 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).
(1)
Public Office (Accountability) Bill 50
Schedule 4—Holders of public office

(2) 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).
5(3) A person who is a member of or works for the British Transport Police
Authority.
9 A person serving with the Civil Nuclear Constabulary. (1)
(2) 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—
10(a) the Civil Nuclear Constabulary were a force maintained by a local
policing body, and
(b) the reference in section 12(10) of that Act to a local policing body
were to the Civil Nuclear Police Authority.
(3)
15
A person who is a member of or works for the Civil Nuclear Police
Authority.
10 A person serving with the Ministry of Defence Police. (1)
(2) 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—
(a)
20
the Ministry of Defence Police were a force maintained by a local
policing body, and
(b) the reference in section 12(10) of that Act to a local policing body
were to the Secretary of State.
(3) A person who is a member of or works for the Ministry of Defence Police
Committee.
2511 A port constable, within the meaning of section 7 of the Marine Navigation
Act 2013.
(1)
(2) A person appointed to act as a constable under provision made by virtue
of section 16 of the Harbours Act 1964.
12
30
An NCA officer, within the meaning of Part 1 of the Crime and Courts Act
2013 (see section 16(1) of that Act).
Fire and rescue
13 A member of a fire and rescue authority, within the meaning of Part 1 of
the Fire and Rescue Services Act 2004.
(1)
(2) Any other person who works for a fire and rescue authority.
35State detention
14 A person (other than a person employed in the civil service of the State)
who exercises functions in relation to persons in state detention, within the
meaning of Part 1 of the Coroners and Justice Act 2009 (see section 48(2)
of that Act).
51 Public Office (Accountability) Bill
Schedule 4—Holders of public office

15 A member of the Parole Board (see section 239 of the Criminal Justice Act
2003).
16 A member of—
(a)
5
an independent monitoring board, appointed under section 6 of the
Prison Act 1952;
(b) a Visiting Committee, appointed under section 152 of the
Immigration and Asylum Act 1999 in respect of removal centres in
England and Wales.
The judiciary
1017 A person exercising judicial functions. (1)
(2) A person exercises judicial functions for the purposes of this paragraph if
the person is any of the following—
(a) a judge of the Supreme Court;
(b)
15
a judicial office holder, within the meaning given by section 109(4)
of the Constitutional Reform Act 2005;
(c) the holder of a sitting in retirement office under section 123 of the
Public Service Pensions and Judicial Offices Act 2022;
(d) a member of the panel of chairmen of reserve forces appeal tribunals;
(e)
20
a member of the panel of ordinary members of reserve forces appeal
tribunals.
18 The Chief Coroner or a Deputy Chief Coroner appointed under Schedule
8 to the Coroners and Justice Act 2009.
(1)
(2) A senior coroner, area coroner or assistant coroner appointed under
Schedule 3 to that Act.
25Armed Forces
19 A person subject to service law, within the meaning of the Armed Forces
Act 2006.
Local government
20
30
A member of a local authority in England (including, in relation to a London
borough council, a district council or a county council, elected mayors,
within the meaning of Part 1A of the Local Government Act 2000).
(1)
(2) A person who works for a local authority in England.
(3) A person does not fall within sub-paragraph (2) solely by virtue of working
35
for 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).
21 A member of a local authority in Wales (including, in relation to a county
borough council or a county council, elected mayors, within the meaning
of Part 2 of the Local Government Act 2000).
(1)
(2) A person who works for a local authority in Wales.
Public Office (Accountability) Bill 52
Schedule 4—Holders of public office

(3) A person does not fall within sub-paragraph (2) solely by virtue of working
for 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).
Other public bodies and offices
522 A person, not mentioned in any other paragraph of this Schedule, who— (1)
(a) is—
(i) 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
10(ii) works for such a body or office, and
(b) exercises functions of a public nature by virtue of falling within
paragraph (a).
(2) The condition in this sub-paragraph is that the body or office is
established—
15(a) by virtue of His Majesty’s prerogative,
(b) by an enactment, or
(c) in any other way by a Minister of the Crown, a government
department or the Welsh Ministers.
(3) The condition in this sub-paragraph is that—
20(a) 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);
(b) 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).
25(4) Whether a function is of a public nature for the purposes of sub-paragraph
(1)(b) is a question of law.
(5) In determining that question, the judge must—
(a) make any necessary findings of fact, and
(b)
30
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.
(6) A person does not fall within this paragraph solely by virtue of holding
35
an honour or dignity conferred by, or being in the private service of, the
Crown.
53 Public Office (Accountability) Bill
Schedule 4—Holders of public office

Section 17 SCHEDULE 5
PART 3: CONSEQUENTIAL AMENDMENTS
Charities and Trustee Investment (Scotland) Act 2005 (asp 10)
1
5
In section 69A of the Charities and Trustee Investment (Scotland) Act 2005
(asp 10) (specified offences for charity trustee disqualification), in subsection
(1), at the end insert—
“(j) an offence under section 12 or 13 of the Public Office
(Accountability) Act 2025 (seriously improper acts and breach
of duty to prevent death or serious injury).”
10Charities Act 2011
2 In section 178A of the Charities Act 2011 (specified offences for charity
trustee disqualification), in the table in subsection (1), at the end insert—
An offence under section 12 or 13 of the Public Office (Accountability)
15
Act 2025 (seriously improper acts and breach of duty to prevent death
or serious injury).”
13 “7
Criminal Justice and Courts Act 2015
3 In section 26 of the Criminal Justice and Courts Act 2015 (corrupt or other
improper exercise of police powers and privileges), in subsection (11), omit
“England and Wales or”.
Section 18 20SCHEDULE 6
CONDUCT OF PUBLIC AUTHORITIES AT INQUIRIES AND INQUESTS
PART 1
INQUIRIES UNDER THE INQUIRIES ACT 2005
1 The Inquiries Act 2005 is amended as follows. (1)
25(2) After section 34 insert—
“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
30
are public authorities, setting out the principles that should guide
their conduct at an inquiry for which a United Kingdom Minister
is responsible.
Public Office (Accountability) Bill 54
Schedule 5—Part 3: consequential amendments

(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,
5(ii) furthering the overriding objective set out in rules
under section 41(A1), and
(iii) upholding the practices and procedures of the
inquiry;
(b)
10
assisting affected persons to participate at the inquiry
proceedings.
(3) Public authorities must have regard to guidance issued under this
section.
(4) In this section and in sections 34B and 34C—
15
“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;
20
“public authority” has the same meaning as in Chapter 1 of
Part 2 of the Public Office (Accountability) Act 2025 (see
paragraph 2 of Schedule 2 to that Act).
34B Engagement of legal representatives
(1) This section applies where—
(a)
25
a public authority is subject to the duty imposed by section
2(4) of the Public Office (Accountability) Act 2025 in respect
of an inquiry for which a United Kingdom Minister is
responsible, and
(b) the authority is a core participant in respect of the inquiry.
(2)
30
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
35
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
40
guidance under section 34A) and its duties under Chapter
1 of Part 2 of the Public Office (Accountability) Act 2025.
55 Public Office (Accountability) Bill
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 1—Inquiries under the Inquiries Act 2005

(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)
5
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
10
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,
15(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
20
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)
25
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.”
(3) In section 41 (rules), before subsection (1), insert—
“(A1)
30
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—
35(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)
40
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).”
Public Office (Accountability) Bill 56
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 1—Inquiries under the Inquiries Act 2005

PART 2
NON-STATUTORY INQUIRIES
2 Sections 34A to 34C of the Inquiries Act 2005 (inserted by Part 1 of this
5
Schedule) apply to a relevant non-statutory inquiry as they apply to an
(1)
inquiry under that Act, with the modifications specified in sub-paragraph
(3).
(2) “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
10
Kingdom Minister, within the meaning given by section 43(1) of the
Inquiries Act 2005.
(3) The modifications mentioned in sub-paragraph (1) are—
(a) references to “affected persons” are to be read as references to any
participant in the inquiry whom the person leading the inquiry
15
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;
(b) 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;
20(c) in section 34C(2), the reference to the chair is to be read as a
reference to the person leading the inquiry.
PART 3
INVESTIGATIONS UNDER PART 1 OF THE CORONERS AND JUSTICE ACT 2009
3 The Coroners and Justice Act 2009 is amended as follows. (1)
25(2) In section 36 (reports and advice to the Lord Chancellor from the Chief
Coroner), in subsection (4) after paragraph (d) insert—
“(e) the matters reported under paragraph 7A of that Schedule
and the responses given under sub-paragraph (3) of that
paragraph;”.
30(3) In section 42 (guidance by the Lord Chancellor)—
(a) in subsection (2), in the opening words, for “this section” substitute
“subsection (1)”;
(b) after subsection (2) insert—
“(2A)
35
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.
57 Public Office (Accountability) Bill
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 2—Non-statutory inquiries

(2B) Guidance under subsection (2A) may include provision about
what a public authority should (or should not) do for the
purposes of—
(a)
5
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
10(iii) upholding the practices and procedures of the
investigation;
(b) assisting affected persons to participate in the
investigation.
(2C)
15
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);
20
“public authority” has the same meaning as in Chapter
1 of Part 2 of the Public Office (Accountability) Act
2025 (see paragraph 2 of Schedule 2 to that Act).”
(4) After section 42 insert—
“42A Engagement of legal representatives
(1) This section applies where—
25(a) a public authority is subject to the duty imposed by section
2(4) of the Public Office (Accountability) Act 2025 in respect
of an investigation, and
(b) the authority is an interested person in relation to the
investigation.
30(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)
35
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
(b) taking such steps as are necessary to secure that those
representatives conduct themselves with due regard to the
40
conduct that is expected of the authority (as set out in
guidance under section 42(2A)) and its duties under Chapter
1 of Part 2 of the Public Office (Accountability) Act 2025.
Public Office (Accountability) Bill 58
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 3—Investigations under Part 1 of the Coroners and Justice Act 2009

(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)
5
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
10
need for those issues to be investigated fairly,
proportionately, expeditiously and cost-effectively.”
(5) In section 43 (coroner regulations), in subsection (3)(j) for “paragraph 7”
substitute “paragraphs 7 and 7A”.
(6) In section 45 (coroners rules)—
(a) in subsection (2), before paragraph (a) insert—
15“(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;”;
(b) after subsection (2) insert—
20“(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
25
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
30
(including any deadlines in connection with the
proceedings that such persons must comply with).”
(7) In Schedule 5 (powers of coroners), after paragraph 7 insert—
“Concerns over conduct of public authorities
7A This paragraph applies where— (1)
(a)
35
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)
40
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—
59 Public Office (Accountability) Bill
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 3—Investigations under Part 1 of the Coroners and Justice Act 2009

(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).
5(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)
10
In this paragraph “public authority” has the same meaning as in
Chapter 1 of Part 2 of the Public Office (Accountability) Act 2025
(see paragraph 2 of Schedule 2 to that Act).”
PART 4
LEGAL AID AT INQUESTS
Amendments of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
154 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.
(1)
(2) 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”.
(3) In Schedule 1 (civil legal services)—
20(a) In Part 1 (services), in paragraph 41—
(i) in sub-paragraph (1) for “the Coroners Act 1988” substitute
“Part 1 of the Coroners and Justice Act 2009”;
(ii) after sub-paragraph (3) insert—
“(4)
25
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
30
under that Part made under section 13 of the
Coroners Act 1988.”;
(b) In Part 3 (advocacy: exclusion and exceptions), after paragraph 24
insert—
“24A (1) Advocacy in proceedings at an inquest under Part 1 of
35
the Coroners and Justice Act 2009 into the death of a
member of an individual’s family (subject as follows).
(2) The exception in sub-paragraph (1) applies only if both
of the following conditions are met.
(3) The first condition is that a public authority is an
interested person in relation to the inquest.
Public Office (Accountability) Bill 60
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 4—Legal aid at inquests

(4) The second condition is that civil legal services in the form
of advocacy are not already available under section 9 (by
virtue of this paragraph) to another individual who is a
5
member of the deceased individual’s family in relation
to—
(a) the same inquest, or
(b) another inquest that is linked to the same inquest.
(5) For the purposes of sub-paragraph (4)—
(a)
10
an individual is a member of another individual’s
family if—
(i) they are relatives (whether of the full blood
or half blood or by marriage or civil
partnership),
(ii)
15
they are cohabitants (as defined in Part 4
of the Family Law Act 1996), or
(iii) one has parental responsibility for the other;
(b) an inquest is “linked” to another inquest if a senior
coroner has determined that proceedings at the
inquests are to be held together.
20(6) In this paragraph—
“interested person” has the same meaning as in Part
1 of the Coroners and Justice Act 2009 (see section
47 of that Act);
25
“public authority” has the same meaning as in
Chapter 1 of Part 2 of the Public Office
(Accountability) Act 2025 (see paragraph 2 of
Schedule 2 to that Act);
“senior coroner” means a person appointed under
30
paragraph 1 of Schedule 3 to the Coroners and
Justice Act 2009.”
Amendments of the Civil Legal Aid (Financial Resources and Payment for Services)
Regulations 2013
5 In regulation 5 of the Civil Legal Aid (Financial Resources and Payment
35
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)—
(a) in sub-paragraph (m), after “where” insert “—
(i) the exception in paragraph 24A(1) of Part 3 of Schedule
40
1 to the Act (inquests where public authority an
interested person) applies in relation to proceedings at
the inquest, or
(ii)”;
61 Public Office (Accountability) Bill
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 4—Legal aid at inquests

(b) after sub-paragraph (m) insert—
“(ma) legal help at an inquest under the Coroners and Justice
Act 2009 into the death of a member of the family of the
5
individual who has made an application, where a public
authority is an interested person in relation to the inquest.”
(c) in sub-paragraph (n), for “(m)” substitute “(m)(ii)”.
Amendments of the Civil Legal Aid (Merits Criteria) Regulations 2013
6 The Civil Legal Aid (Merits Criteria) Regulations 2013 (S.I. 2013/104) are
amended as follows.
(1)
10(2) In regulation 19 (other legal services), omit the words after paragraph (c).
(3) For regulation 30 (inquests), substitute—
“Inquests
30.—(1) Subject to paragraphs (2) and (3), legal help is the only form of
15
civil legal services which is appropriate in relation to any matter described
in paragraph 41 of Part 1 of Schedule 1 to the Act (inquests).
(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.
20
(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.”
Public Office (Accountability) Bill 62
Schedule 6—Conduct of public authorities at inquiries and inquests
Part 4—Legal aid at inquests

Public Office (Accountability) Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
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.
Presented by Secretary David Lammy
supported by the Prime Minister,
Secretary Pat McFadden,
Secretary Bridget Phillipson, Secretary Peter Kyle,
Secretary Lisa Nandy, James Murray,
Nick Thomas-Symonds, Alex Davies-Jones,
Josh Simons, Anna Turley and Chris Ward.
Ordered, by The House of Commons, to be
Printed, NaNth .
© Parliamentary copyright House of Commons 2025
This publication may be reproduced under the terms of the Open Parliament Licence, which is published at
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PUBLISHED BY THE AUTHORITY OF THE HOUSE OF COMMONS
59/1 Bill 341