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The Commons Act 2006 (Correction, Non-Registration or Mistaken Registration) (Wales) Regulations 2017

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Public inquiries: general provisions

18.—(1) Where it has been decided that a public inquiry is to be held in relation to an application or proposal, the determining authority must appoint an inspector—

(a)to hold the inquiry; and

(b)if the inspector is not also to determine the application, to provide a report and recommendation to the determining authority.

(2) Subject to the following provisions of this regulation, and to regulation 20, the procedure at the inquiry is to be determined by the inspector, having regard to all the circumstances of the case.

(3) Where the inspector does not propose to hold a pre-inquiry meeting, the inspector may give such directions in preparation for the inquiry as might have been given at such a meeting, and giving directions under this paragraph does not preclude the subsequent holding of a pre-inquiry meeting, if the inspector considers it desirable, nor does it preclude the inspector giving further directions at such a meeting.

(4) Any person interested in the subject-matter of an inquiry may appear at the inquiry in person or by a representative.

(5) The inspector may, at any stage of an inquiry, prevent any person from—

(a)giving evidence;

(b)cross-examining a person giving evidence; or

(c)presenting any matter,

if the inspector considers it not to be relevant or to be repetitious.

(6) If a person is behaving in a disruptive manner the inspector may—

(a)require a person to leave an inquiry;

(b)prevent a person from participating in the inquiry by giving evidence, cross-examining a person giving evidence, or presenting any matter; or

(c)permit a person to remain at, or participate in, the inquiry only on specified conditions.

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

(8) The inspector may take into account any written representations or evidence or any other document received by the inspector from any person before or during an inquiry, provided that the inspector discloses it at the inquiry.

(9) The inspector may, if it is considered reasonable in the circumstances—

(a)adjourn an inquiry to another date;

(b)adjourn an inquiry to the site of any land affected by the application or proposal, and conduct part of the inquiry at that site in conjunction with a site inspection.

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