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The Control of Off-Street Parking outside Greater London (Appeals Procedure) (England and Wales) Regulations 1979

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Procedure at the hearing

12.—(1) Except as otherwise provided in these Regulations, the procedure at the hearing shall be such as the appointed person shall in his discretion determine.

(2) Unless in any particular case the appointed person with the consent of the appellant otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the appointed person may determine.

(3) The appellant, the interested persons who have notified the Secretary of State of their desire to appear, the local authority and the county council shall be entitled to call evidence and cross-examine persons giving evidence, but any other person appearing at the hearing may do so only to the extent permitted by the appointed person.

(4) The appointed person shall not require or permit the giving or production of any evidence, whether written or oral, which would be contrary to the public interest; but save as aforesaid any evidence may be admitted at the discretion of the appointed person, who may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the hearing and that facilities be afforded him to take or obtain copies thereof.

(5) The appointed person may allow the local authority, the county council, the appellant, an interested person, or all or any of them, to alter or add to the submissions contained in any statement served under Regulation 10(1), or to any list of documents which accompanied such statement, so far as may be necessary for the purpose of determining the questions in controversy between the parties, but shall (if necessary by adjourning the hearing) give the appellant, the local authority or the county council, as the case may be, and the interested persons who are appearing at the hearing, an adequate opportunity of considering any such fresh submission or document.

(6) If any person entitled to appear at the hearing fails to do so, the appointed person may proceed with the hearing at his discretion.

(7) The appointed person shall be entitled (subject to disclosure thereof at the hearing) to take into account any written representations or statements received by him before the hearing from any person.

(8) The appointed person may from time to time adjourn the hearing and, if the date, time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.

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