Infrastructure (Wales) Act 2024

42 Choice of inquiry, hearing or written procedure

(1) The examining authority must determine the procedure for examining each application in respect of which it is appointed.

(2) A determination must provide for the application to be examined in one or more of the following ways—

(a) at a local inquiry;

(b) at a hearing;

(c) on the basis of the application and any representations in writing (if any) about the application.

(3) And a determination must provide for examination of the application to include a hearing, unless—

(a) the determination provides for a local inquiry to be conducted, or

(b) the examining authority considers that a hearing would not assist the examination.

(4) The examining authority must make a determination before the end of the period specified in regulations.

(5) A determination may be varied by a further determination at any time before the application being examined is decided under section 60.

(6) The examining authority must notify‍ any person or person of a description specified in regulations of a determination under this section.

(7) The Welsh Ministers must publish the criteria to be applied by the examining authority in making determinations under this section.

(8) The functions of an examining authority under this section are subject to any provision made by regulations under section 43 or 44.