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Regulation 11 Proofs of evidence

Original text. Later amendments are not shown.

(1)

A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send a copy of the proof to the adjudicator together with, subject to paragraph (2), a written summary.

(2)

No written summary shall be required where the proof of evidence proposed to be read contains no more than 1,500 words.

(3)

The proof and any summary shall be sent to the adjudicator not later than–

(a)

three weeks before the date fixed for the holding of the inquiry; or

(b)

where a time-table has been arranged pursuant to regulation 7 which specifies a date by which the proof and any summary shall be sent to the inspector, that date.

(4)

Where any proposer or objector sends a copy of a proof to the adjudicator in accordance with paragraph (1), with or without a summary, they shall at the same time–

(a)

where the proof was sent by a proposer, send a copy to each relevant objector;

(b)

where the proof was sent by a relevant objector, send a copy to the proposer and each other relevant objector; and

(c)

where the proof was sent by any other person, send a copy to the proposer and each relevant objector.

(5)

Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the adjudicator permits or requires otherwise.

(6)

Any person required by this regulation to send a copy of a proof to any other person shall send with it a copy of the whole, or the relevant part, of any document referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to regulation 5(4).

(7)

Every proposer shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.