Will everyone who qualifies in terms of Rule 4 of the Inquiries (Scotland) Rules 2007 for core participant status, be designated as a core participant if they apply?
There is no duty under the Inquiries (Scotland) Rules 2007 to designate every applicant who meets the criteria set out in Rule 4. The chairman is obliged to have regard to his duty under section 17 (3) of the Inquiries (Scotland) Act 2005 to avoid unnecessary cost, and selection among qualifying applicants may be necessary in the best interests of the efficient and cost-effective management of the Inquiry, for example, to avoid unnecessary repetition. Some common themes are likely to emerge which may make it possible to select representative core participants who are able to reflect a class of interests. Lord Penrose’s intention will be to ensure sufficient representation of any class of interests to enable reliable conclusions to be reached expeditiously and without undue expense. Consequently, not everyone who applies, and meets the criteria, will be designated as a core participant.
