OpenLegislation

Article 11 Appointment of technical adviserI1

England and Wales

(1)

This rule applies where the Secretary of State has caused a pre-inquiry meeting to be held in pursuance of rule 6.

(2)

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

(3)

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.

(4)

The technical adviser shall assess the evidence so specified and shall report his assessment in writing to the inspector, identifying any areas of disagreement between the parties and stating his view of the significance of such disagreement.

(5)

The inspector shall within 7 days of receipt of the technical adviser’s report arrange for a copy to be sent to every person entitled to appear at the inquiry.

(6)

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

(7)

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.

Annotations

Commencement

I1

Rule 11 in force at 23.8.2004, see rule 1