Article 16 Proofs of evidenceI1
England and Wales
A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send to the inspector a copy of the proof and (subject to paragraph (2)) a written summary of it.
No written summary shall be required where the proof which it is proposed to read contains no more than 1500 words.
The proof and summary shall be sent to the inspector not later than—
4 weeks before the date fixed for the commencement of the inquiry; or
where a timetable has been arranged pursuant to rule 9, which specifies a date by which the proof and summary shall be sent to the inspector, that date.
Where the applicant sends a proof and a summary to an inspector in accordance with paragraph (1), he shall at the same time send a copy to every other person specified in rule 14(1); and where any other person so sends such a proof and summary he shall at the same time send a copy to the applicant.
Unless paragraph (2) applies, only the summary shall be read at the inquiry unless the inspector permits or requires otherwise.
Subject to paragraph (7), any person required by this rule to send a proof to any other person shall send with it a copy of the whole, or the relevant part, of any document referred to in it, unless copies of the document or part of the document in question are already available for inspection pursuant to rule 7(9).
Where any person has confirmed to the applicant in writing that he does not wish to be sent a copy of, or a copy of part of, a proof, summary or other document that the applicant is required to send, the applicant shall not be required to send him that document or the relevant part of it.
The applicant shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable and on payment of a reasonable charge, take copies of any document sent to or by him in accordance with any of the preceding paragraphs of this rule.
Annotations
Commencement
- I1
Rule 16 in force at 23.8.2004, see rule 1