The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013

Procedure at oral hearing

12.—(1) Subject to paragraph (3), the oral hearing must take place in public.

(2) A party may request the inspector to hold the oral hearing in private.

(3) The inspector may agree to a request received under paragraph (2) if the inspector considers that to hold the oral hearing in private would not prejudice any of the parties.

(4) The parties are entitled to appear at an oral hearing and may be represented by counsel, a solicitor or any other person (including any other person entitled to appear).

(5) Subject to paragraph (8), a party may give, or call another person to give, oral evidence, and may cross-examine persons giving evidence.

(6) Unless the inspector otherwise determines, the applicant is entitled to give the first and final oral evidence at the oral hearing.

(7) The inspector may determine the order in which the objectors are to give oral evidence at the oral hearing.

(8) The inspector may at any stage during the course of an oral hearing refuse to permit—

(a) the giving or production of evidence; or

(b) the cross-examination of any person,

which the inspector considers to be irrelevant or repetitious.

(9) Each party may submit documents to the inspector during the oral hearing in support of that party’s oral evidence (“supporting documents”).

(10) A party that submits supporting documents under paragraph (9) must provide a copy of those supporting documents to each other party.

(11) The inspector may disregard any supporting documents which the inspector considers to be irrelevant or repetitious or where the party submitting them does not comply with paragraph (10).

(12) Where the inspector considers that a person (“A”) is behaving in a disruptive manner during the oral hearing, the inspector may—

(a) require A to leave the oral hearing; and

(b) refuse to permit A to return, or permit A to return only on such conditions as the inspector may specify.

(13) Where A is—

(a) required to leave the oral hearing;

(b) entitled to give oral evidence under paragraph (5); and

(c) has not given that evidence before A was required to leave,

A may submit representations to the inspector before the close of the oral hearing.

(14) The inspector may from time to time adjourn an oral hearing and determine the date, time and place of the adjourned oral hearing.

(15) Where an oral hearing is adjourned, the inspector must give the parties reasonable notice of the date, time and place of the adjourned hearing, unless that information is given at the oral hearing before it is adjourned.

(16) The inspector may proceed with the oral hearing in the absence of any party, and in such case the inspector must take into account any oral evidence or statement of evidence provided by that party before the close of the oral hearing in so far as the inspector considers such evidence to be relevant to the matters in issue.

(17) Except as otherwise provided by this rule, the inspector may determine the procedure at the oral hearing.