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

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed in connection with public inquiries relating to applications for consent under section 36 of the Electricity Act 1989 (“the 1989 Act”) to construct, extend or operate a generating station and to applications for consent under section 37 to install or keep installed an electric line above ground. For the purposes of these Rules, a reference to an application for consent under section 36 includes any application under section 36A of the 1989 Act for a declaration relating to public rights of navigation, which is made with the section 36 application. The Rules have been made following the enactment of the Energy Act 2004 which inserted a new paragraph 5A into Schedule 8 to the Electricity Act 1989, providing for the appointment of additional inspectors for inquiries held under paragraph 2 or 3 of Schedule 8.

The Rules apply in relation to England and Wales. They revoke the previous rules applicable to such inquiries, the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1990, except that those Rules shall continue to apply to inquiries which commenced before 6th April 2007 (rule 28).

Rule 3, together with rule 26, makes provision for the use of electronic communications for sending notices or documents where the person to whom it is sent has specified an address for that purpose.

Rules 4 to 6 include provision for the notification of the inquiry, any pre-inquiry meeting and the Secretary of State’s statement of matters and for registration by persons with an interest in the proposal.

Rules 7, 8 and 13 deal with the appointment of technical advisers, mediators, and assessors respectively.

Rules 9 and 10 provide for when a pre-inquiry meeting is to be held, the procedure to be followed at such meetings and publicity following them.

Rule 11 deals with the provision of statements of case, further information and comments on another person’s statement of case.

Rules 12 and 14 make provision for the setting of a timetable for the inquiry and notification of the date of the inquiry respectively.

Rules 15 to 17 provide for the persons who are entitled to appear at an inquiry, representatives of government departments and the provision of proofs of evidence and any summaries.

Rule 18 allows the Secretary of State to require the applicant and relevant planning authority to prepare together an agreed statement of common ground.

Rules 19 to 25 make provision for the procedure at and after the inquiry, including provisions for site visits, notification of decisions and the procedure to be followed if the decision is subsequently quashed in legal proceedings.

Rule 27 modifies the Rules in relation to inquiries into applications for consent under section 36 where the whole or part of the generating station which it is proposed to construct, operate or the proposed extension to a generating station, is at a place which is not within the area of a relevant planning authority.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been placed in the Library of each House of Parliament and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. Copies of the regulatory impact assessment are available on the DTI website http://www.dti.gov.uk/energy/review/implementation/page31829.html or through the DTI Publications Orderline telephone: [phone] quoting “URN 07/783”.