OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In these Rules, unless the context otherwise requires, references to sections are references to sections of the Transport and Works Act 1992f1, and—

  • “applicant” means any person who has submitted an application to the Secretary of State in accordance with rules made under section 6; or, in the case where the Secretary of State has made a proposal for an order under section 7, the Secretary of State;

  • “application” means an application under section 6 for an order under section 1 or 3 or the publication of a notice by the Secretary of State of a proposal to make such an order by virtue of section 7;

  • “assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;

  • “document” includes a photograph, map or plan;

  • “inquiry” means a public local inquiry to which these Rules apply by virtue of rule 3;

  • “inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;

  • “official body” means a Minister of the Crown or a government department;

  • “official case” means a written statement by an official body setting out its evidence in regard to an application;

  • “official representation” means a written objection or representation made by an official body in regard to an application;

  • “order” means an order under section 1 or 3;

  • “outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

  • “pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where more than one such meeting is held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

  • “relevant date” means the date on which the Secretary of State gives notice under rule 4 and “relevant notice” means that notice;

  • “statement of case” means a written statement containing full particulars of the case which a person proposes to put forward at the inquiry (including, where that person is the applicant, the reasons for submitting the application), together with a list of any documents which that person intends to refer to or put in evidence;

  • “statement of matters” means a statement by the Secretary of State of the matters about which he particularly wishes to be informed for the purposes of his consideration of the order in question;

  • “statutory body” means a body, not being an official body, which has been given by public general Act functions relevant to the subject matter of an application;

  • “statutory objector” means a person within section 11(4).

(2)

Where the Secretary of State is the applicant these Rules shall be construed so as not to require that—

(a)

the Secretary of State shall serve a document upon himself, or

(b)

he shall consult or agree with himself upon any matter, or

(c)

any other person shall serve a document upon the Secretary of State more than once.

Annotations

Footnotes

f1

1992 c. 42.