OpenLegislation

Article 18 Procedure at inquiryI1

England and Wales

(1)

Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.

(2)

Unless in any particular case the inspector with the consent of the applicant otherwise determines, the applicant shall begin and shall have the right of final reply and other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.

(3)

Persons specified in rule 14(1) shall be entitled to call evidence, and the applicant and the statutory objectors shall be entitled to cross-examine persons giving evidence, but, subject to paragraphs (2), (4), (5) and (6), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.

(4)

The inspector may refuse to permit—

(a)

the giving or production of evidence,

(b)

the cross-examination of persons giving evidence, or

(c)

the presentation of any other matter

which he considers to be irrelevant or repetitious but, where he refuses to permit the giving of oral evidence for these reasons, the person wishing to give evidence may submit to him in writing any such evidence or other matter before the close of the inquiry.

(5)

Where a person gives evidence at an inquiry by reading a summary in accordance with rule 16(5), the proof referred to in rule 16(1) and the documents referred to in rule 16(6) shall, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.

(6)

The inspector may direct the applicant to provide facilities so that any person appearing at an inquiry may take or obtain copies of documentary evidence open to public inspection, subject to such a person paying to the applicant a reasonable charge for the use of the facilities.

(7)

The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him in writing any evidence or other matter before the close of the inquiry.

(8)

The inspector may refuse to permit the cross-examination of persons giving evidence, or may require such cross-examination to cease, if it appears to him that permitting such cross-examination or allowing it to continue (as the case may be) would have the effect that the timetable referred to in rule 9 could not be met.

(9)

The inspector may allow any person to alter or add to a statement of case served under rule 7 so far as may be necessary for the purpose of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person specified in rule 14(1) an adequate opportunity of considering any fresh matter or document.

(10)

The inspector may proceed with an inquiry in the absence of any person specified in rule 14(1).

(11)

The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.

(12)

The inspector may from time to time adjourn an inquiry and

(a)

if at the inquiry he announces the date, time and place for reconvening the adjourned inquiry no further notice shall be required, but

(b)

if he makes no such announcement he shall give such notice as he considers reasonable and appropriate.

(13)

Any person who appears at an inquiry and makes a closing submission shall by the close of the inquiry provide the inspector with a copy of his closing submission in writing.

Annotations

Commencement

I1

Rule 18 in force at 23.8.2004, see rule 1