The Pipe-lines (Inquiries Procedure) Rules 1995

Interpretation

2.—(1) In these Rules, unless the context otherwise requires,

“the Act” means the Pipe-lines Act 1962(1);

“application” means an application for the grant of an authorisation or an order and “applicant” means the person who makes the application;

“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or a re-opened inquiry to advise the inspector on such matters as the Secretary of State may specify;

“authorisation” means a pipe-line construction authorisation for which an application has been made to the Secretary of State under section 1 of the Act or a pipe-line diversion authorisation for which an application has been made to the Secretary of State under section 3 of the Act;

“document” includes a photograph, map or plan;

“inquiry” means any inquiry to which these Rules apply;

“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;

“order” means a compulsory purchase order under section 11 of the Act or a compulsory rights order under section 12 of the Act for which an application has been made to the Secretary of State;

“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;

“person entitled to appear at an inquiry” means a person described in rule 10 and cognate expressions shall be construed accordingly;

“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that it is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

“relevant date” means the date of the Secretary of State’s written notice to the applicant, the relevant planning authority and statutory objectors of his intention to cause an inquiry to be held and “relevant notice” means that notice;

“relevant planning authority” means a local planning authority within the meaning of the Town and Country Planning Act 1990(2);

“statement of case” means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;

“statutory objector” means, where the Secretary of State has caused an inquiry to be held—

(a)

under paragraph 4(1) of Schedule 1 to the Act, any person who has duly made an objection to the authorisation in accordance with the said Schedule and whose objection has not been withdrawn; or

(b)

under paragraph 4(1) of Schedule 2 to the Act, any owner, lessee or occupier (except a tenant for a month or any period less than a month) of any land proposed to be comprised in the order who has duly made an objection to the application in accordance with the said Schedule, and whose objection has not been withdrawn or disregarded under paragraph 4(3) of the said Schedule.

(2) In these Rules, unless the context otherwise requires—

(a) any reference to a numbered section or Schedule is a reference to that section of, or that Schedule to, the Act; and

(b) any reference in a rule to a paragraph is a reference to a paragraph of that rule.

(1)

1962 c. 58.

(2)

1990 c. 8.