OpenLegislation

Article 7 Service of statement of case, etc.

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (4) and (7), each of—

(a)

the applicant;

(b)

any person who, having notified the Secretary of State of his intention or wish to appear at the inquiry, has been required in writing by the Secretary of State to comply with the requirements of this paragraph; and

(c)

any statutory objector,

shall serve a statement of case on each of the others and on the Secretary of State.

(2)

A statement of case required to be served by the applicant and any statutory objector shall be served not later than—

(a)

6 weeks after the relevant date, or

(b)

in any case where the Secretary of State or the inspector causes a pre-inquiry meeting to be held pursuant to rule 4(2) or rule 5(1), 4 weeks after the conclusion of that meeting.

(3)

Any other statement of case shall be served not later than 4 weeks after the date of the Secretary of State’s notice requiring it to be served.

(4)

The statement of case mentioned in paragraph (1) or, as the case may be, paragraph (3), shall be served no later than the day which is 4 weeks before the date fixed for the holding of the inquiry, where that day falls within whichever of the periods mentioned in either of those paragraphs is applicable to the case.

(5)

The Secretary of State shall inform any person from whom he requires a statement of case in accordance with paragraph (1)(b) of the name and address of every person on whom the statement of case is required to be served.

(6)

The Secretary of State or the inspector may require any person who has served a statement of case in accordance with this rule to provide each of those on whom a statement of case has been served, the Secretary of State and the inspector with such further information about the matters contained in the statement as he may specify.

(7)

Any further information served pursuant to paragraph (6), shall be served not later than 4 weeks after the date of the Secretary of State’s notice requiring it to be served.

(8)

Any person serving a statement of case shall serve with it a copy of any document, or the relevant part of any document, referred to in it.

(9)

Where the Secretary of State considers it expedient, having regard to the number of statutory objectors and the length of a statement of case, he may authorise any person required to serve a statement of case under paragraph (1)(b) to serve it only on the applicant and himself; and where the Secretary of State so authorises he shall make arrangements for notice to be given to the other parties referred to in paragraph (1), stating the times and places at which they may examine the statement of case and, where practicable, take copies of it.