Explanatory note

(This note is not part of the Rules)

These Rules set out the procedures to be followed relative to public inquiries held in connection with compulsory purchase orders made by Scottish local authorities and joint boards. They replace the Compulsory Purchase by Public Authorities (Inquiries Procedure) (Scotland) Rules 1976, which are revoked.

The principal changes made by these Rules (as compared to the 1976 Rules) are as follows:–

(a)

the Rules no longer apply to the conduct of hearings afforded to objectors. A non-statutory Code of Practice for such hearings has been published separately by The Scottish Office;

(b)

in order to make more effective use of pre-inquiry time, the Rules require that, wherever possible, the timescales for pre-inquiry procedures (for example the submission and circulation of parties' statements of case) are fixed by forward reference from the date when it is decided that the case will go to inquiry – “the relevant date”;

(c)

rules 7 and 8 provide a statutory framework for the holding of pre-inquiry meetings;

(d)

rule 10 places an obligation on a statutory objector to disclose at an early stage the principal basis of his case. In addition, rule 11 enables the Secretary of State or the reporter to require any other party who has notified an intention to attend the inquiry to submit a statement of case prior to the commencement of that inquiry;

(e)

where a party intends to give evidence at an inquiry by reference to a precognition – a written statement of the evidence they shall give – and that precognition exceeds 2,000 words, rule 14 imposes a requirement on that party to submit a written summary of the precognition. Further, where a summary is provided, only that summary shall be read out at the inquiry, although parties may be questioned on the content of their whole precognition;

(f)

rule 16 provides that the start date for the inquiry shall not be later than 24 weeks after the relevant date or, where a pre-inquiry meeting is held, not later than 8 weeks after the conclusion of that meeting, unless the Secretary of State considers such a date impracticable;

(g)

rule 19 provides that the acquiring authority shall normally begin and shall have the final right of reply at the inquiry. This rule also clarifies the reporter’s powers to restrict the giving of evidence which is repetitious or irrelevant;

(h)

under rule 21 the reporter is no longer obliged to circulate Part I of his report in draft to the parties.

There are also a number of minor and drafting amendments, as compared to the 1976 Rules.