The Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007

Procedure at inquiry

19.—(1) Except as otherwise provided, the inspector shall determine the procedure at an inquiry.

(2) At the start of the inquiry the inspector—

(a) shall identify—

(i) the matters to be considered at the inquiry; and

(ii) any matters on which he requires further explanation from the persons entitled or permitted to appear;

(b) may direct that in relation to such matters as he may specify, either or both of the following are to apply—

(i) evidence is not to be read out at the inquiry (or where a summary of evidence is sent in accordance with rule 17(4), that only the summary is to be read out); and

(ii) persons giving evidence are not to be subject to cross-examination on those matters.

(3) Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from—

(a) referring to matters which they consider relevant to the consideration of the application but which were not matters identified by the inspector pursuant to paragraph (2)(a); and

(b) making oral submissions on any matters which are the subject of a direction under paragraph (2)(b).

(4) Unless in any particular case the inspector otherwise determines, the applicant 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 inspector may determine.

(5) Subject to any direction under paragraph (2)(b), a person entitled to appear at an inquiry shall be entitled to call evidence and the applicant and a qualifying planning authority shall be entitled to cross-examine persons giving evidence.

(6) The inspector may refuse to permit the—

(a) giving or production of evidence;

(b) cross-examination of persons giving evidence; or

(c) presentation of any other matter,

which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.

(7) The inspector may refuse to permit the cross-examination of persons giving evidence, or may require such cross-examination to cease, if it appears to him that permitting such cross-examination or allowing it to continue would have the effect that the timetable approved by the Secretary of State or arranged by the inspector under rule 12 could not be met.

(8) The inspector shall not require or permit the giving or production of any evidence, whether written or oral, which he considers would be contrary to the public interest; but otherwise, the inspector may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the inquiry.

(9) Where a person gives evidence at an inquiry by reading a summary of his proof of evidence received by the Secretary of State under rule 17—

(a) the proof of evidence shall be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary alone; and

(b) subject to any direction under paragraph (2)(b)(ii), the person whose evidence the proof of evidence contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.

(10) Where the inspector gives a direction under paragraph (2)(b)(i), any proof of evidence received by the Secretary of State under rule 17 which covers matters which are the subject of that direction shall, to the extent that it covers those matters, be treated as tendered in evidence, unless—

(a) the person has provided a summary in accordance with rule 17 and that person has notified the inspector that he now wishes to rely on the contents of that summary alone, in which case the summary shall be treated as tendered in evidence to the extent that it covers the matters which are the subject of the direction;

(b) the person alters or adds to the proof of evidence under paragraph (13), in which case the proof of evidence, as altered, shall be treated as tendered in evidence to the extent that it covers the matters which are the subject of the direction; or

(c) the person who has sent the proof of evidence notifies the inspector that he no longer wishes to give or call that evidence.

(11) The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.

(12) The inspector may—

(a) require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave; and

(b) refuse to permit that person to return or permit him to return only on such conditions as he may specify,

but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.

(13) The inspector may allow any person to alter or add to a statement of case received by the Secretary of State under rule 11 or a proof of evidence received by the Secretary of State under rule 17 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any such alteration or addition.

(14) The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.

(15) The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.

(16) The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.

(17) Any person who appears at an inquiry and makes closing submissions shall by the close of the inquiry provide the inspector with a copy of their closing submission in writing.