Article 2 InterpretationI1

In these Rules references to sections are references to sections of the Transport and Works Act 1992 ^f1, and—

• “address” includes any number or address used for the purposes of electronic transmission;

• “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;

• “by local advertisement” means, in relation to the publication of a notice, by publication of the notice in at least one newspaper circulating in the locality, or each of the localities, in which the land to which an application relates is situated;

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

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form;

• “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;

• “mediator” means a person appearing to the Secretary of State to have been trained in mediation techniques by an independent mediation organisation and who is appointed by the Secretary of State to undertake mediation under rule 12;

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

• “official case” means a written statement by an official body setting out full particulars of 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 the pre-inquiry meeting are references to the conclusion of the final meeting;

• “registration form” means a form for completion by interested parties who wish to participate in an inquiry to which rule 6 applies;

• “relevant notice” means the Secretary of State’s written notice under rule 4 that an inquiry is to be held;

• “starting date” means the date of the relevant notice;

• “statement of case” means a written statement containing full particulars of the case which a person proposes to put forward at an 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 common ground” means a written statement prepared jointly by the applicant and any other party who wishes to participate in the inquiry, which contains factual information agreed between those persons about any proposal which is the subject of the application in question;

• “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 a public general Act functions relevant to the subject matter of the application;

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

• “technical adviser” means a person appearing to the Secretary of State to have such qualifications and experience as are sufficient to enable him to conduct an expert assessment of scientific or technical evidence to be given to the inquiry and who is appointed by the Secretary of State for that purpose under rule 11.

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

The requirements in rules 7(9), 12(5), 16(8), 17(2) and 21 to give any person who so requests an opportunity to inspect and take copies of any document or to provide copies to them, shall also be taken to have been satisfied where that person is notified of—