The Planning (National Security Directions and Appointed Representatives) (Scotland) Rules 2006

Hearing procedure

10.—(1) Except as otherwise provided in these Rules, the Scottish Ministers shall determine the procedure at a hearing.

(2) A hearing shall take the form of a discussion led by the Scottish Ministers and cross-examination shall be permitted if the Scottish Ministers consider it necessary to ensure a thorough examination of the main issues.

(3) At the start of the hearing the Scottish Ministers shall identify what are, in their opinion, the main issues to be considered at the hearing and any matters on which they require further explanation from the parties.

(4) Nothing in paragraph (3) precludes the parties from referring to issues which they consider relevant to the consideration of the request for a direction but which were not issues identified by the Scottish Ministers pursuant to that paragraph.

(5) The Scottish Ministers may–

(a) proceed with a hearing in the absence of any party;

(b) take into account any written representation or evidence or any other document received by them from any person before a hearing opens or during the hearing provided that they disclose it at the hearing; and

(c) from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice is required.

(6) When making their determination the Scottish Ministers may disregard any written representations, evidence or other document received after the end of the hearing.