Article 7 Appointment of technical adviser

If it appears to the Secretary of State that evidence to be given to the inquiry is, or is likely to be, of such technical or scientific nature that the inquiry would be conducted more efficiently and expeditiously if an expert and independent assessment of that evidence were to be made, he may at any time appoint a technical adviser for that purpose.

A technical adviser shall be a person appearing to the Secretary of State to have such qualifications and experience as enable him to conduct an expert assessment of scientific or technical evidence to be given to the inquiry.

Where the Secretary of State appoints a technical adviser, he may in writing require the applicant to publish by local advertisement and within such period as he may specify a notice stating the name of the person so appointed and specifying the evidence to be assessed.

Where the Secretary of State requires the applicant to publish a notice under paragraph (3), as soon as reasonably practicable thereafter, the Secretary of State shall publish that notice on a website.

The technical adviser shall, in consultation with the persons entitled to appear at the inquiry either jointly or separately, assess the evidence so specified and shall report his assessment in writing to the inspector.

The technical adviser’s report shall include a description of any areas of disagreement between the parties and shall state his view of the significance of each such disagreement.

The inspector shall within seven days of receipt of the technical adviser’s report circulate it.

The technical adviser shall give evidence on his report at the inquiry and shall be subject to cross-examination to the same extent as any other witness.

The inspector may allow the technical adviser to alter or add to his report so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any such alteration or addition.