75.This section introduces a new power recommended by the Patten Report, enabling the Board to order an inquiry into any matter upon which it has received a report if it considers the matter, or any related matter in the report, is grave or there are exceptional circumstances.  A decision to hold an inquiry requires the support of a majority of members, as does the appointment of an inquirer (paragraph 18 of Schedule 1).  Members must be notified in advance of any meeting where an inquiry is under consideration.  The Board must inform the Chief Constable, the Police Ombudsman and the Secretary of State if it intends to hold an inquiry.  The Chief Constable can refer the Board’s proposal for an inquiry to the Secretary of State on the same grounds as under section 59(3) (reports).  The Secretary of State may overrule the Board, within 30 days, only on one of those grounds (subsection (5)).
76.The Board can ask specified statutory agencies to carry out an inquiry.  Alternatively, it may ask any other person to conduct an inquiry, but only with the agreement of the Secretary of State (subsections (6)-(9)). Inquiries are to be held in public except where it is not in the public interest to do so (subsection (10)). Inquiries cannot deal with acts or omissions which occurred before the coming into force of section 60 except where consideration of pre-commencement matters is necessary to inform the main subject matter of the inquiry (subsections (11) and (12)). The Board is required to send a copy of the report of any inquiry to the Chief Constable, the Ombudsman and the Secretary of State.
Commentary Part Vii: Reports and Inquiries Section 60: Inquiry by Board Following Report by Chief Constable