The Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002

Procedure after hearing—transferred appeals

37.—(1) This regulation applies where a hearing has been held for the purposes of a transferred appeal.

(2) When making his decision, the inspector may disregard any written representations or evidence or any other document received after the hearing has closed.

(3) If, after the close of the hearing, an inspector proposes to take into account any new matter of fact which was not raised at the hearing and which he considers to be material to his decision, he shall not come to a decision without first—

(a) notifying the appellant and the Agency and any other person who appeared at the hearing; and

(b) affording them an opportunity of making written representations to him or of asking for the re-opening of the hearing;

and they shall ensure that such written representations or request to re-open the hearing are received by the Secretary of State within three weeks of the date of notification.

(4) An inspector may, if he thinks fit, cause a hearing to be re-opened, and he shall do so if asked by the appellant or the Agency in the circumstances and within the period mentioned in paragraph (3); and where a hearing is re-opened—

(a) the inspector shall send to the appellant, the Agency and any other person who appeared at the hearing a written statement of the matters with respect to which further evidence is invited; and

(b) paragraphs (2), (5) and (6) of regulation 28 shall apply as if the references to a hearing were references to a re-opened hearing.