Mines and Quarries Act 1954

PART III Inquiries under Part I or II

14 The following provisions of this Part of this Schedule shall have effect where any draft regulations are, by virtue of Part I or Part II of this Schedule, referred for inquiry and report under this Part of this Schedule.

15 The inquiry shall be held by a competent person or competent persons appointed by the Lord Chancellor and, where two or more persons are appointed to hold the inquiry, the Lord Chancellor shall appoint one of them to preside over it.

16 There may be paid by the Minister to the person or persons holding the inquiry such remuneration and allowances as may be fixed by the Lord Chancellor with the approval of the Treasury.

17 The inquiry shall be public and shall be held at such place as the Lord Chancellor may appoint.

18 Any of the following persons may appear at the inquiry either in person or by counsel, solicitor or agent, and may give evidence and call such witnesses as he thinks fit, that is to say:—

(a) the Minister;

(b) any person who duly objected to any provision of the draft regulations ; and

(c) any other person, being a person who, in the opinion of the person holding the inquiry (or, if two or more persons are holding it, the person presiding over it), is affected by the draft regulations.

19 The evidence of the witnesses at the inquiry may, if the person holding it (or, if two or more persons are holding it, the person presiding over it) thinks fit, be taken on oath, and for that purpose the said person may administer oaths.

20 The person or persons holding the inquiry shall make a report to the Minister stating whether or not the draft regulations ought, in his or their opinion, to be modified and, if in his or their opinion the draft regulations ought to be modified, stating in what respect they ought to be modified.

21 If it appears to the person holding the inquiry (or, if two or more persons are holding it, the person presiding over it) that any objection made thereat to any provision of the draft regulations was frivolous or vexatious, he may order that the expenses incurred by the Minister for the purposes of the inquiry or such part of those expenses as may be specified in the order shall be paid by the person by or on whose behalf the objection was made ; and an order under this paragraph shall, on the application of the Minister, be enforceable by a magistrates' court as if the amount ordered to be paid were a sum adjudged to be paid by an order of that court.

22 Subject to the foregoing provisions of this Part of this Schedule, the inquiry and all proceedings preliminary or incidental thereto shall be conducted in accordance with rules made by the Minister.

23 Where any draft regulations referred for inquiry and report under this Part of this Schedule apply to Scotland only, this Part of this Schedule shall apply subject to the following modifications:—

(a) for references to the Lord Chancellor there shall be substituted references to the Lord President of the Court of Session ;

(b) an order under paragraph 21 of this Schedule may be recorded in the Books of Council and Session for execution and may be enforced accordingly.