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Article 123A of the Planning (Northern Ireland) Order 1991 provides that, at any inquiry or independent examination held under the Order, oral evidence is to be heard in public and documentary evidence to be open to public inspection except where the Secretary of State otherwise directs on the grounds that the public disclosure of information relating to national security or to measures intended to secure premises or property would be contrary to the public interest. The Article provides for the appointment of persons (“appointed representatives”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a public local inquiry or independent examination if such a direction is given.
These rules provide for the procedure to be followed by the Secretary of State when he is considering giving a national security direction, including provisions on publicity (rule 5), written representations (rule 7), hearings (rules 8 and 9) and notification of his decision (rule 13). The rules also set out the functions of appointed representatives (rule 3).
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