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The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008

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Procedure at hearing

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5.  (1)  Except as otherwise provided in these Hearing Session Rules, the local review body shall determine the procedure at a hearing session.

(2) The local review body, having considered any submission by the persons entitled to appear at the hearing session, are to state at or before the commencement of the hearing session the procedure which the local review body propose to adopt and in particular are to state–

(a)the order in which the specified matters are to be considered at the hearing session; and

(b)the order in which the persons entitled to appear at the hearing session are to be heard in relation to a specified matter (a different order may be chosen for different specified matters).

(3) Any person entitled to appear may do so on that person’s own behalf or be represented by another person.

(4) Where there are two or more persons having a similar interest in the issues being considered at the hearing session, the local review body may allow one or more persons to appear on behalf of some or all of any persons so interested.

(5) A hearing shall take the form of a discussion led by the local review body and cross examination shall not be permitted unless the local review body consider that cross examination is required to ensure a thorough examination of the issues.

(6) Subject to paragraph (7) a person entitled to appear at a hearing session shall be entitled to call evidence.

(7) The local review body 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 local review body consider to be irrelevant or repetitious.

(8) The local review body may proceed with a hearing session in the absence of any person entitled to appear at the hearing session.

(9) The local review body may from time to time adjourn the hearing session and are to give such notice of the date, time and place of the adjourned hearing session to the persons entitled to appear at the hearing session as may appear to them to be reasonable in the circumstances unless such date, time and place are announced before the adjournment, no further notice is required.

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