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

Interpretation

2.—(1) In these Rules—

“additional inspector” means an inspector appointed by the Secretary of State under paragraph 5A(3)(a) of Schedule 8(1);

“application” means, except where the context requires otherwise, an application made under paragraph 1 of Schedule 8 for—

(a)

consent under section 36(2) to construct, extend or operate a generating station, together with any application under section 36A(3) for a declaration relating to rights of navigation which is made with that application for consent;

(b)

consent under section 37 to install or keep installed an electric line above ground,

and “applicant” means the person making an application;

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

“by local advertisement”, in relation to a notice, means by publication of the notice in at least one newspaper circulating in the locality in which the land to which the application relates is situated;

“document” includes a photograph, map or plan;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000(4);

“generating station” shall be construed in accordance with section 64(5);

“inquiry” means a public inquiry in relation to which these Rules apply; and where an inquiry is conducted by means of concurrent sessions, it includes any such session;

“inspector” includes a lead inspector and an additional inspector;

“land” means the land (including trees, buildings or other structures, and land covered with water) to which an inquiry relates;

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

“mediator” means a person who is appointed by the Secretary of State under rule 8;

“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 15(1), 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 the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held about the same inquiry, references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

“qualifying objector” means—

(a)

where the Secretary of State has caused a public inquiry to be held under paragraph 2 or 3 of Schedule 8 in respect of an application, anyone who has objected to the application in accordance with regulations under paragraph 3(1) of that Schedule;

(b)

where the Secretary of State has caused a public inquiry to be held under section 62 in respect of an application, notice of which was not required to be published by regulations under paragraph 3(1) of Schedule 8, anyone who has made a written objection in respect of the application to the Secretary of State or the relevant planning authority before the date of the relevant notice,

and whose objection has not been withdrawn;

“qualifying planning authority” means—

(a)

where the Secretary of State has caused a public inquiry to be held under paragraph 2 of Schedule 8 in respect of an application, any relevant planning authority who has objected to the application in accordance with regulations under paragraph 2(3) of that Schedule and whose objection has not been withdrawn;

(b)

where the Secretary of State has caused a public inquiry to be held under section 62 in respect of an application, notice of which was not required to be published by regulations under paragraph 3(1) of Schedule 8, any relevant planning authority;

“registration form” means a form for completion by persons who wish to participate in the inquiry;

“relevant notice” means (except in rule 28(2)) the Secretary of State’s written notice under rule 4(1);

“relevant planning authority” has the same meaning as in paragraph (a), (aa) or (ab) (as the case may be) of paragraph 2(6) of Schedule 8(6);

“statement of case” means a written statement which contains—

(a)

full particulars of the case which a person proposes to put forward at an inquiry;

(b)

a list of any documents which that person intends to refer to or put in evidence;

(c)

a list of the individuals whom that person proposes to call as witnesses; and

(d)

the subject-matter of the evidence of each such witness;

“statement of common ground” means a written statement prepared jointly by the relevant planning authority and the applicant, which contains agreed factual information about the proposal which is the subject of the application;

“technical adviser” means a person appointed by the Secretary of State under rule 7.

(2) Except where the context otherwise requires, any reference in these Rules to a numbered section or Schedule is a reference to that section of, or that Schedule to, the Electricity Act 1989(7).

(3) Subject to paragraph (5), a requirement imposed by these Rules on the Secretary of State or the inspector to circulate a document is met by sending a copy of that document to—

(a) the relevant planning authority;

(b) the applicant; and

(c) each qualifying objector who has indicated in accordance with rule 6(4)(b)(iv) that he is likely to want to be represented formally and to play a major part in the inquiry.

(4) Subject to paragraph (5), a requirement imposed by these Rules on the Secretary of State or the inspector to deposit a document is met by sending a copy of it to the relevant planning authority.

(5) Nothing in paragraph (3) or (4) requires the Secretary of State or the inspector to send a copy of a document to the person from whom it was received.

(6) A requirement imposed by these Rules on the Secretary of State to publish a notice on a website is met—

(a) by publication of the notice, or of the details required to be contained in that notice, on a website maintained by the Secretary of State; or

(b) by publication of a link on a website maintained by the Secretary of State to another website on which the notice is published, or the details required to be contained in that notice are published.

(1)

Paragraph 5A was inserted into Schedule 8 to the Electricity Act 1989 (c.29) by section 182(1) of the Energy Act 2004 (c.20).

(2)

Section 36 was amended by section 93(1) and 93(3) of the Energy Act 2004. There are other amendments not relevant to these Rules.

(3)

Section 36A was inserted into the Electricity Act 1989 by section 99(1) of the Energy Act 2004.

(4)

2000 c.7. Section 15(1) was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158.

(5)

To which there are amendments not relevant to these Rules.

(6)

Paragraph 2(6) of Schedule 8 has been amended by the Planning (Consequential Provisions) Act 1990 (c.11), section 4 and Schedule 2, paragraph 83(1); the Local Government (Wales) Act 1994 (c.19), Schedule 6, paragraph 22 and Schedule 18; and the Environment Act 1995 (c.25), Schedule 10, paragraph 30 and Schedule 24.

(7)

1989 c.29.