OpenLegislation

Paragraph 5 Procedure at inquiryI1

Scotland

(1)

Except as otherwise provided in this schedule, the procedure at an inquiry is as the reporter determines.

(2)

The reporter is, having considered any submission by the parties entitled to appear at the inquiry, to state at or before the commencement of the inquiry the procedure which the reporter proposes to adopt and in particular is to state—

(a)

the order in which the matters within the scope of the examination are to be considered at the inquiry, and

(b)

the order in which the persons entitled to appear at the inquiry session are to be heard in relation to a matter within the scope of the examination (a different order may be chosen for different matters).

(3)

Any party entitled to appear at an inquiry may do so on their own behalf or be represented by another person.

(4)

Where there are two or more parties having a similar interest in the matter under inquiry, the reporter may allow one or more parties to appear on behalf of some or all of those parties.

(5)

Any party entitled to appear at the inquiry is entitled to call evidence, to cross‑examine persons giving evidence and to make closing statements.

(6)

But the reporter 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 the reporter considers to be irrelevant or repetitious.

(7)

The reporter may proceed with an inquiry session in the absence of any party entitled to appear at the inquiry.

(8)

The reporter may from time to time adjourn the inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice is required. Otherwise, paragraph 3 applies as it applies to the variation of the date, time or place at which an inquiry session is to be held.

Annotations

Commencement

I1

Sch. 3 para. 5 in force at 4.3.2022, see reg. 1(1)