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The Town and Country Planning (Appeals) (Scotland) Regulations 2013

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Service of inquiry statements, documents and precognitions

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4.—(1) Where required to do so by notice given by the appointed person, a person entitled to appear at the inquiry session must, by such date as is specified in the notice, send to—

(a)the appointed person—

(i)an inquiry statement;

(ii)a copy of every document (or the relevant part of a document) on the list of such documents comprised in that inquiry statement; and

(iii)a precognition in respect of any evidence to be given to the inquiry session by a person included on the list of witnesses comprised in that inquiry statement; and

(b)the appellant and the planning authority and to such other persons entitled to appear at the hearing session as the appointed person may specify in such notice—

(i)an inquiry statement; and

(ii)a copy of every document (or the relevant part of a document) and precognition sent to the appointed person under sub-paragraph (a)(ii) or (iii) and which is not already available for inspection under regulation 6, 15(4) or 28(2) or paragraph (2) of this rule.

(2) The planning authority are, until such time as the appeal is determined, to afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any inquiry statement, precognition or other document (or any part hereof) which, or a copy of which, has been sent to them in accordance with this rule.

(3) A precognition must not, unless the appointed person otherwise so agrees, contain more than 2000 words.

(4) Different dates and different persons may be specified for the purposes of paragraph (1).

(5) In this rule—

“inquiry statement” means, and is comprised of—

(a)

a written statement which contains particulars of the case relating to the specified matters which a person proposes to put forward to an inquiry session;

(b)

a list of documents (if any) which the person putting forward such case intends to refer to, rely on or put in evidence; and

(c)

a list of witnesses specifying the persons who are to give, or be called to give, evidence at the inquiry session, the matters in respect of which such persons are to give evidence and the relevant qualifications of such persons to do so; and

“precognition” means a written statement of the evidence which it is proposed that a witness will give to the inquiry session.

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