Regulation 45 Date and notification of inquiry
England and Wales
The date fixed by the Secretary of State for the holding of an inquiry shall, unless she considers such a date to be impracticable, be not later than—
subject to sub-paragraph (b), twenty-two weeks after the start date; or
where a pre-inquiry meeting is held pursuant to regulation 43, eight weeks after the conclusion of that meeting.
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date which she considers to be practicable after the expiry of the relevant period mentioned in that paragraph.
Unless the Secretary of State agrees a lesser period of notice with the appellant and the relevant authority, she shall give to the appellant, the relevant authority and any interested person not less than four weeks' written notice of the date, time and place fixed by her for the holding of an inquiry.
The Secretary of State may—
change the date fixed for the holding of an inquiry (whether or not the date as changed is within the relevant period mentioned in paragraph (1)); or
change the time or place for the holding of an inquiry.
Where, under paragraph (4)(a), the Secretary of State changes the date for the holding of an inquiry, paragraph (3) shall apply to the new date as it applied to the date originally fixed, and where, under paragraph (4)(b), she changes the time or place for the holding of an inquiry, she shall give such notice of such change as appears to her to be reasonable.
The Secretary of State may require the relevant authority to publish, not less than two weeks before the date fixed for the holding of an inquiry, a notice of the inquiry in one or more newspapers circulating in the locality in which the appeal land is situated; and the Secretary of State shall ensure that F1a copy of such notice is available for inspection on a relevant website until the appeal is determined.
Every notice of an inquiry published pursuant to paragraph (6) shall contain—
a statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the appeal in question; and
a brief description of the appeal land and of the grounds of appeal.
A notice referred to in paragraph (6) may relate to more than one inquiry.
Annotations
Textual amendments
- F1
Words in reg. 45(6) substituted (1.10.2011) by The Access to the Countryside (Exclusions and Restrictions) (Amendment) (England) Regulations 2011 (S.I. 2011/2021), regs. 1(1), 19