Rule 19 Procedure after completion of examinationI1

England, Wales and Scotland

F1(1)

After the completion of its examination, the Examining authority must make a written report to the Secretary of State.

(2)

The report must include the Examining authority’s—

(a)

findings and conclusions in respect of the application F2...; and

(b)

recommendation as to the decision to be made on the application.

(3)

If after the completion of the Examining authority’s examination, the F3Secretary of State—

(a)

differs from the Examining authority on any matter of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached by the Examining authority; or

(b)

takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with a recommendation made by the Examining authority, the Secretary of State shall not come to a decision which is at variance with that recommendation without—

(i)

notifying all interested parties of the Secretary of State’s disagreement and the reasons for it; and

(ii)

giving them an opportunity of making representations in writing to the Secretary of State in respect of any new evidence or new matter of fact.

(4)

Rule 10 shall apply to any representation in writing made in response to the opportunity given under paragraph (3) subject to the following modifications—

(a)

for “Examining authority” there shall be substituted “Secretary of State”;

(b)

for “written representation” there shall be substituted “representation in writing”; and

(c)

paragraphs (2) and (4) shall not apply .

Annotations

Textual amendments

F1: Words in rule 19(1) substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 5(9)(a)
F2: Words in rule 19(2)(a) omitted (1.4.2012) by virtue of The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 5(9)(b)
F3: Words in rule 19 substituted (1.4.2012) by The Localism Act 2011 (Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 5(8)

Commencement

I1: Rule 19 in force at 1.3.2010, see rule 1(1)