13. Regulation 44 is read as if—
(a)after paragraph (1) there is inserted—
“(1A) Paragraph (1) does not apply where the written statement of evidence includes or refers to closed evidence.
(1B) Where the written statement of evidence includes or refers to closed evidence—
(a)the appellant, the local planning authority and each person invited to take part in the inquiry who propose to give or call another person to give evidence at the inquiry by reading a written statement, must send to the Welsh Ministers—
(i)one copy of the written statement including closed evidence, together with a written summary;
(ii)one copy of the written statement excluding closed evidence (“the open statement”), together with a written summary;
(b)the appellant must send one copy of the open statement, together with a written summary, to the local planning authority;
(c)the local planning authority must send one copy of the open statement, together with a written summary, to the appellant.”;
(b)after paragraph (2) there is inserted—
“(2A) Paragraph (2) does not apply where the written statement of evidence includes or refers to closed evidence.
(2B) Where the written statement of evidence includes or refers to closed evidence the Welsh Ministers must, as soon as reasonably practicable after receipt—
(a)send a copy of the open statement, together with any summary, of each person invited to take part in the inquiry to the local planning authority; and
(b)send a copy of each open statement, together with any summary, to each person invited to take part in the inquiry.”