Regulation 15 Procedure at the hearing or inquiry

(1)

AP is to determine the procedure at the hearing or inquiry.

(2)

At the start of the hearing or inquiry, AP must—

(a)

confirm AP’s appointment;

(b)

state AP’s name; and

(c)

identify the following—

(i)

the issues which AP thinks are the main issues to be considered, and

(ii)

any matters on which AP requires further explanation from any person appearing at the hearing or inquiry.

(3)

But other issues and matters may be considered or referred to, provided that AP thinks them relevant.

(4)

AP may proceed with the hearing or inquiry in the absence of any person entitled to appear at it.

(5)

Any person who is entitled to appear at the hearing or inquiry may give, or call another person to give, oral evidence.

(6)

Where AP thinks that any evidence or matter is irrelevant or repetitious—

(a)

AP may refuse to permit that evidence to be given or that matter to be presented; but

(b)

AP may permit that evidence or matter to be given to AP in writing—

(i)

before the close of the hearing or inquiry, or

(ii)

if AP so permits, within a specified time of the close of the hearing or inquiry.

(7)

AP may take into account any representation, evidence or other document received by AP before or during the hearing or inquiry, provided that AP discloses it at the hearing or inquiry.

(8)

AP may request any person appearing or entitled to appear at the hearing or inquiry to provide AP, within a period of time specified in the request, with any information or documents in that person’s possession.

(9)

A person receiving such a request must provide the information or documents within the specified period.

(10)

AP may consider and determine an objection in the absence of any information or documents which were required to be provided under paragraph (8) but were not so provided.

(11)

Where AP thinks that any person appearing or present at the hearing or inquiry is behaving in a disruptive manner, AP may do any of the following—

(a)

require that person to leave;

(b)

refuse to allow that person to return;

(c)

permit that person to return on specified conditions.

(12)

AP may adjourn the hearing or inquiry.

(13)

The hearing or inquiry may be adjourned to a site which is affected land, and may be concluded at that site, if—

(a)

no reasonable argument against such a course has been put forward by Natural England or by the person or persons who made the objection; and

(b)

AP is satisfied that—

(i)

the hearing or inquiry would proceed satisfactorily,

(ii)

no person would be placed at a disadvantage, and

(iii)

all persons present would have an opportunity to attend the adjourned hearing or inquiry.