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Article 18 Procedure after inquiry

Original text. Later amendments are not shown.

(1)

After the close of the inquiry, the inspector shall make a report in writing to the authorising authority which shall include his conclusions and recommendations, or (as the case may be) his reasons for not making any recommendations.

(2)

Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.

(3)

Where the assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report whether and to what extent he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.

(4)

If, after the close of the inquiry, the authorising authority —

(a)

differs from the inspector on any matter of fact mentioned in, or appearing to it to be material to, a conclusion reached by the inspector, or

(b)

takes into consideration any new evidence or new matter of fact, other than a matter of government policy,

and is for that reason disposed to disagree with a recommendation made by the inspector, the authorising authority shall not come to a decision which is at variance with that recommendation without first notifying the persons who appeared at the inquiry of its disagreement and the reasons for it.

(5)

The authorising authority shall give every person notified under paragraph (4) an opportunity—

(a)

of making written representations to it within 3 weeks of the date of the notification, or

(b)

if it has taken into consideration any new evidence or new matter of fact, other than a matter of government policy, of asking within that period for the re-opening of the inquiry.

(6)

The authorising authority may, as it thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to the order as it may specify, and shall do so if asked by the acquiring authority (in relation to a non-ministerial order) or by a remaining objector in the circumstances and within the period mentioned in paragraph (5); and where an inquiry is re-opened (whether by the same or a different inspector)—

(a)

the authorising authority shall send to those persons entitled to appear at the inquiry who appeared at it a written statement of the specified matters; and

(b)

paragraphs (2) to (5) of rule 10 shall apply as if—

(i)

references to an inquiry were references to a re-opened inquiry; and

(ii)

in paragraph (2) of rule 10, for “6 weeks”, there were substituted “4 weeks”.