Paragraph 5A F1

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

Sch. 8 para. 2(6)(ab) substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 225(a)
Sch. 8 para. 8(2)(a) words omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 225(b)
Sch. 8 para. 1(1) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(a)
Sch. 8 para. 1(2) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(b)
Sch. 8 para. 1(3) words inserted by Planning and Infrastructure Act 2025 Sch. 1 para. 7(c)

(1)

This paragraph applies in the case of—

(a)

a public inquiry in England and Wales by virtue of paragraph 2(2) or 3(2); or

(b)

a public inquiry in England and Wales which is a combination under section 62 of this Act into one inquiry—

(i)

of two or more such inquiries; or

(ii)

of one or more such inquiries and one or more other inquiries.

(2)

At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him—

(a)

to consider such matters relating to the conduct of the inquiry as are specified in the direction; and

(b)

to make recommendations to the Secretary of State about those matters.

(3)

After considering the recommendations of the lead inspector, the Secretary of State may—

(a)

appoint for the purposes of the inquiry such number of additional inspectors as he thinks appropriate; and

(b)

direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.

(4)

An additional inspector must—

(a)

comply with every direction as to procedural matters given to him by the lead inspector; and

(b)

report to the lead inspector on every matter allocated to him.

(5)

It is to be for the lead inspector to report to the Secretary of State on the consideration of both—

(a)

the matters which he considered himself; and

(b)

the matters the consideration of which was allocated to additional inspectors.

(6)

The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.

(7)

Accordingly—

(a)

the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and

(b)

the power of the Secretary of State to appoint an additional inspector includes power to revoke such an appointment.

(8)

A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.

Annotations

Textual amendments

F1: Sch. 8 para. 5A and cross-heading inserted (E.W.) (6.4.2007) by Energy Act 2004 (c. 20), ss. 182(1), 198(2); S.I. 2007/1091, art. 2(a)

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)

Modifications

C1: Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
C2: Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
C3: Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)
C4: Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)