Regulation 22 Date and notification of inquiry

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 22(6)(a) words added by Countryside Access (Exclusion or Restriction of Access) 2003 Sch. 2 para. 10
reg. 22(6)(b) substituted by Countryside Access (Exclusion or Restriction of Access) 2003 Sch. 2 para. 11
reg. 22(6)(a) words inserted by Countryside Access (Means of Access, Appeals etc.) 2005 reg. 13(a)
reg. 22(6)(b) full stop omitted by Countryside Access (Means of Access, Appeals etc.) 2005 reg. 13(b)
reg. 22(6)(c) and word added by Countryside Access (Means of Access, Appeals etc.) 2005 reg. 13(c)

(1)

The date fixed by the National Assembly for the holding of an inquiry must, unless it considers such a date impracticable, be not later than—

(a)

22 weeks after the starting date; or

(b)

in a case where a pre-inquiry meeting is held pursuant to regulation 18, 8 weeks after the conclusion of that meeting.

(2)

Where the National Assembly considers it impracticable to fix a date in accordance with paragraph (1), the date fixed must be the earliest date after the end of the relevant period mentioned in that paragraph which it considers to be practicable.

(3)

Unless the National Assembly agrees a lesser period of notice with the appellant and the respondent, it must give not less than 4 weeks' written notice of the date, time and place fixed by it for the holding of an inquiry to every person entitled to take part in the inquiry.

(4)

The National Assembly may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.

(5)

The National Assembly may vary the time or place for the holding of an inquiry and must give such notice of any variation as appears to it to be reasonable.

(6)

The National Assembly must take one or more of the following steps:

(a)

not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;

(b)

to send a notice of the inquiry to such persons or classes of persons as it may specify, within such period as it may specify.

(7)

Every notice of inquiry published or sent pursuant to paragraph (6), must:

(a)

contain a clear statement of the date, time and place of the inquiry and of the powers enabling the National Assembly to determine the application or appeal in question;

(b)

contain a written description of the land sufficient to enable the approximate location and extent of the land to be identified;

(c)

briefly describe the subject matter of the appeal; and

(d)

provide details of where and when copies of the respondent’s statement of case and any documents sent by and copied to the respondent pursuant to regulation 19 may be inspected.