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Docks and Harbours Act 1966

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This is the original version (as it was originally enacted).

52Inquiries

(1)Subject to the next following subsection, the relevant Minister shall direct an inquiry to be held in connection with—

(a)the consideration and determination by him of appeals or objections made under any provision of Part I or II of this Act; and

(b)any proposal to exercise his power to revoke a licence under section 30 of this Act;

and may direct an inquiry to be held in connection with any other matter about which he has functions under either of those Parts.

(2)The relevant Minister need not direct an inquiry to be held in connection with any appeal or objection if he obtains consent in writing to dispense with the inquiry—

(a)in the case of an appeal or objection under Part I of this Act, from all the persons prescribed by regulations under this section as persons entitled to appear at the inquiry;

(b)in the case of an objection under section 25(4) of this Act to a welfare amenity scheme or any amendment of such a scheme, from the person who made the objection, the Board and all other persons whose obligations under the scheme might in the opinion of the relevant Minister be varied by any modifications of the scheme likely to be made in the light of the objection ;

(c)in the case of an appeal under section 27(3) of this Act, from the appellant and the Board.

(3)Any number of matters may be dealt with at one inquiry.

(4)An inquiry held in pursuance of a direction under this section shall be held by a competent person appointed by the relevant Minister and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

(5)The person appointed to hold an inquiry under this section shall, after holding it, report to the relevant Minister on his findings at the inquiry and shall recommend to the Minister what decision the Minister should make in the matter.

(6)The relevant Minister shall by regulations make such provision as appears to him to be necessary or expedient with respect to the proceedings at or in connection with inquiries under this section including, in particular, provision—

(a)for requiring notice to be given of the appointment of any person to hold any such inquiry, and of the date, time and place on which it will be held, to such persons as may be determined by or under the regulations;

(b)for prescribing or providing for determining the persons who may appear and be heard at any such inquiry;

(c)for requiring persons to attend to give evidence and produce documents (except evidence or documents which those persons could not be compelled to give or produce in proceedings before the High Court);

(d)for authorising the administration of oaths to witnesses;

(e)for requiring copies of documents to be furnished by persons entitled to appear at any such inquiry to other such persons;

(f)for prescribing the procedure to be followed at any such inquiry;

(g)for authorising the recovery by the relevant Minister of the whole or part of the expenses incurred by him in relation to any such inquiry from all or any of the following persons:—

(i)the persons appearing at the inquiry ;

(ii)any appellant or objector, whether appearing or not, whose appeal or objection occasioned the inquiry ;

(iii)in the case of an inquiry into a matter arising under Part I of this Act, the licensing authority;

(iv)in the case of an inquiry into a matter arising under Part II of this Act, the Board;

(h)for the award of costs and expenses; and

(i)for taxing or otherwise settling any costs or expenses awarded by virtue of the last foregoing paragraph (and, in particular, in England and Wales, for enabling such costs to be taxed in the county court) and for the enforcement of any award of costs and expenses.

(7)Any person who without reasonable excuse fails to comply with any requirement imposed by regulations made by virtue of paragraph (c), (d) or (e) of the last foregoing subsection shall be liable on summary conviction to a fine not exceeding £50 or imprisonment for a term not exceeding three months or both.

(8)The relevant Minister' may out of moneys provided by Parliament pay to persons appointed to hold inquiries under this Act and to assessors at such inquiries such fees and allowances, and to persons giving evidence before such inquiries such allowances, as he may with the consent of the Treasury determine.

(9)In this section " the relevant Minister " means, in relation to any matter or an inquiry into any matter arising under Part I of this Act, the Minister of Transport and, in relation to any matter or an inquiry into any matter arising under Part II of this Act, the Minister of Labour.

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