Article 9 Procedure after HearingF1I1
England and Wales
The appointed person shall after the close of the hearing make a report in writing to the Minister which shall include the appointed person's findings of fact and his recommendations, if any, or his reasons for not making any recommendations.
Where the Minister—
differs from the appointed person on a finding of fact, or
after the close of the hearing receives any new evidence (including expert opinion on a matter of fact) or takes into consideration any new issue of fact (not being a matter of government policy) which was not raised at the hearing,
and by reason thereof is disposed to disagree with a recommendation made by the appointed person, he shall not come to a decision which is at variance with any such recommendation without first notifying the electricity authority and any objector who appeared at the hearing of his disagreement and the reasons for it and affording them an opportunity of making representations in writing within 21 days or (if the Minister has received new evidence or taken into consideration any new issue of fact not being a matter of government policy) of asking within 21 days for the re-opening of the hearing.
The Minister may, in any case if he thinks fit, cause the hearing to be re-opened, and shall cause it to be re-opened if asked to do so in accordance with the last foregoing paragraph; and if the hearing is re-opened rule 4(1) shall apply as it applies to the original hearing.
Annotations
Textual amendments
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Rules revoked (E.W.) (1.10.2013) by The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013 (S.I. 2013/1987), art. 1(1), rule 20(1) (with art. 20(2))
Commencement
- I1
Rule 9 in force at 17.4.1967, see rule 1