The Pipe-lines (Inquiries Procedure) Rules 1995

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the new procedure to be followed at public inquiries in connection with applications in England and Wales under paragraphs 4(1) and 6A of Part I of Schedule 1 to the Pipe-lines Act 1962 and under paragraph 4(1) of Part I of Schedule 2 to the Pipe-lines Act 1962.

The Rules up-date the inquiry procedure previously governed by the Pipe-lines (Inquiries Procedure) Rules 1967 (“the 1967 rules”) by making provision for pre-inquiry meetings at the request of either the Secretary of State or the inspector; the appointment by the Secretary of State of a person to sit with an inspector at an inquiry and to advise the inspector on specified matters; and the establishment of the full range of persons, including the applicant and statutory objectors who may appear at the inquiry. In contrast to the 1967 rules, the Rules introduce procedures for the serving of statements of case and proofs of evidence which include a timetable under which the statements and proofs of evidence must be served. The Rules also contain provision for summaries of proofs of evidence to be used. The new Rules also include the procedure to be followed where a decision by the Secretary of State has been quashed in proceedings before any Court.

The new procedure is similar to that provided by the Electricity Generating Station and Overhead Lines (Inquiries Procedure) Rules 1990 (“the 1990 rules”) and will therefore facilitate inquiries under section 62 of the Electricity Act 1990 (which are governed by the 1990 rules) being held jointly with those under the Pipe-lines Act 1962 in circumstances where the Secretary of State considers that the matters are so far cognate that they should be heard together.

The 1967 rules are accordingly revoked but continue to apply to any inquiry which commenced before these Rules came into force.