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Local Government (Democracy) (Wales) Act 2013

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This is the original version (as it was originally enacted).

49Local inquiries

This section has no associated Explanatory Notes

(1)The Commission or, as the case may be, a principal council, may cause a local inquiry to be held with respect to any review carried out by it under this Part.

(2)The Welsh Ministers, the Commission or, as the case may be, a principal council may cause a local inquiry to be held in respect of a draft order prepared under section 43.

(3)A person appointed to hold an inquiry may by summons require a person to attend at a time and place specified in the summons—

(a)to give evidence, or

(b)to produce any information relating to any matter in question which is held by, or is under the control of, the person.

(4)A person appointed to hold an inquiry may take evidence on oath and for that purpose may administer oaths.

(5)A person required to attend under subsection (3) must be paid any reasonably incurred expenses.

(6)Despite subsection (3)(b), a person may not be required to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.

(7)A person commits an offence if the person—

(a)refuses or deliberately fails to comply with a requirement of a summons served on the person under subsection (3),

(b)deliberately alters, suppresses, conceals or destroys any information which the person is required to produce under this section.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 6 months, or to both.

(9)The persons or body causing an inquiry to be held under this section may make orders as to—

(a)the costs of the parties at the inquiry, and

(b)the parties by whom the costs are to be paid.

(10)An order under subsection (9) may be made a rule of the High Court on the application of a party named in the order.

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