Article 20 Procedure after inquiryI1
England and Wales
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State, which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
When making his decision the Secretary of State may disregard any written representations, evidence or any other document received after the close of the inquiry.
If, after the close of an inquiry, the Secretary of State—
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying such of the persons specified in rule 14(1) who appear to him to be likely to be affected thereby, and who have appeared at the inquiry, of his disagreement and the reasons for it; and affording them an opportunity either of making written representations to him within 3 weeks of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking within that period for the re-opening of the inquiry.
If, after the close of an inquiry relating to an application in respect of which the appropriate resolutions have been passed under section 9(4), the Secretary of State is disposed to seek the approval of each House of Parliament to modified proposals by means of a resolution in accordance with section 9(5), he shall not do so without first—
notifying any person who appears to him to be likely to be affected by the modification;
giving that person an opportunity of making written representations to him about the modifications within such period (which shall not be less than 3 weeks) as he may specify in the notice; and
considering any representation duly made to him.
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the applicant or a statutory objector in the circumstances and within the period mentioned in paragraph (5); and where an inquiry is re-opened (whether by the same or a different inspector)—
the Secretary of State shall send to the persons specified in rule 14(1) who appeared at the inquiry a written statement of the matters in respect to which further evidence is invited; and
paragraphs (2) to (9) of rule 13 shall apply,
as if references to an inquiry were references to a re-opened inquiry, but with the substitution in paragraph (3) of “4 weeks” for “6 weeks”; and
as if the words “whether or not the revised date is within the applicable period mentioned in paragraph (1)” were omitted from paragraph (4)(a).
Annotations
Commencement
- I1
Rule 20 in force at 23.8.2004, see rule 1