Regulation 11 Consideration of proposed scheme by boards: evidence
This regulation applies where a request has been sent to the board in accordance with section 126C(4).
The board may invite—
the authority or authorities proposing to make the scheme, and
any person consulted in accordance with section 125(3) (persons to be consulted about proposed scheme),
to present evidence to the board in the manner described in paragraph (3).
The board may invite the persons described in paragraph (2) to do either or both of the following—
submit written evidence to the board,
give oral evidence to the board,
on such matters as the board may specify.
Where an invitation is given by virtue of paragraph (3)(a) to any person other than the authority or authorities proposing to make the scheme the recipient of the invitation must, if submitting evidence to the board, send a copy of the evidence to the authority or authorities proposing to make the scheme.
Following publication of a request in accordance with section 126C(5)(a) (publication of request for board to begin consideration of proposed scheme) any person may request an opportunity to present oral evidence to the board.
A request under paragraph (5) must—
be submitted to the board within 14 days beginning with the date on which the request is published in accordance with section 126C(5)(a); and
contain a summary of the oral evidence which the person wishes to present.
Subject to regulation 12, if a request to present oral evidence is submitted in accordance with paragraph (5) by—
a person operating local services in the area to which the proposed scheme relates,
the authority or authorities proposing to make the scheme, or
a person who was not consulted under section 125(3) but who, in the opinion of the board following submission of a request under paragraph (5), ought to have been so consulted,
the board must hold an oral evidence session.
Where a request to present oral evidence is submitted by a person other than a person described in paragraph (7), the board may hold an oral evidence session.
Where more than one request to present oral evidence is submitted to the board in relation to any proposed scheme, the board may hold a single oral evidence session in response to those requests.
Where the board is to hold an oral evidence session the board must—
give written notice of the date, time and location of the oral evidence session to—
any person from whom the board has invited evidence in accordance with paragraph (2); and
any person who has made a request in accordance with paragraph (5); and
give notice of the date, time and location of the oral evidence session in at least one newspaper circulating in the area to which the proposed scheme relates.
The board may determine the procedure to be followed in an oral evidence session and in particular may—
determine the way in which oral evidence is to be presented;
impose time limits on the presentation of oral evidence;
direct, where two or more parties make a request to submit evidence on a particular issue, that evidence is to be submitted by one party only on behalf of all of them; and
decline to hear evidence or submissions which could have been submitted to the authority or authorities proposing to make the scheme in response to the consultation document published by virtue of section 125(1)(a) (requirement to publish consultation document).
Subject to regulation 14, oral evidence sessions must be held in public.