Explanatory note

These Rules prescribe the procedure to be followed in connection with local inquiries relating to compulsory purchase orders in Wales. They replace in Wales the Compulsory Purchase by Non-Ministerial Acquiring Authorities (Inquiries Procedure) Rules 1990 and the Compulsory Purchase by Ministers (Inquiries Procedure) Rules 1994. They relate to orders where the Welsh Ministers are either the acquiring authority or the confirming authority.

In addition to the replacement of the term “statutory objector” by “remaining objector”, in consequence of amendments made to the Acquisition of Land Act 1981 by the Planning and Compulsory Purchase Act 2004, there are a number of minor procedural changes; the deadline for serving notice of intention to hold an inquiry has been extended to five weeks from the end of the objection period. The requirement that statements of case for non-ministerial order inquiries should be served at least 28 days before the date fixed for the inquiry has been removed. The term “statements of evidence” has also been replaced by “proofs of evidence”.

Rule 3 provides for a written notice from the Welsh Ministers which commences the procedure. Pre-inquiry meetings are dealt with in rules 4 to 7. Rules 8 and 9 deal with statements of case and rules 10 to 16 with the inquiry timetable, appointment of assessors, the date and public notification of the inquiry and appearances at the inquiry. The production of proofs of evidence is dealt with in rule 17 and rules 18 to 21 deal with procedure at the inquiry, site inspections and post-inquiry procedures (including notice of decisions). Rules 22 to 24 deal with the power to extend time, service by post and revocation (with a saving provision) of the 1990 and 1994 Rules referred to above.

A Regulatory Impact Assessment has not been prepared because there are no cost implications for either acquiring authorities or persons affected by compulsory purchase orders.