The Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007

Interpretation

2.  In these Rules—

“the 1980 Act” means the Highways Act 1980(1);

“the 1981 Act” means the Wildlife and Countryside Act 1981(2);

“the 1990 Act” means the Town and Country Planning Act 1990(3);

“the applicant” has the meaning given by rule 4(4)(b);

“the authority” means the authority who made the order in question;

“a decision by the Secretary of State as respects an order” does not include a transferred decision;

“inspector” means—

(a)

a person appointed by the Secretary of State to make a transferred decision, or

(b)

a person holding a hearing or inquiry and making a report to the Secretary of State in order for him to make a decision on whether or not to confirm the order in question;

“order”, save where the context otherwise requires, means an order (other than an order made by the Secretary of State) to which the provisions of Schedule 6 to the 1980 Act (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways), Schedule 15 to the 1981 Act (procedure in connection with certain orders under Part III) or Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders) apply;

“proof of evidence” means a written statement of evidence;

“relevant documents” has the meaning given by rule 20(2);

“relevant person” has the meaning given by rule 4(4)(f);

“start date”, in relation to any given hearing or inquiry, has the meaning given by rule 4(3)(a);

“statement of case ” means a written statement containing full particulars of the case which a person proposes to put forward at a hearing or inquiry and includes—

(a)

copies of any supporting documents which that person intends to refer to or put in evidence, and

(b)

a list of those documents;

“subsequent material” means any material, consisting of any document, any oral representations or any evidence, which was not submitted to the Secretary of State or the inspector before the close of the hearing or inquiry, as the case may be, but is submitted thereafter, but does not include a report made under rule 11(2) or 23(2) in respect of the hearing or inquiry in question; and

“transferred decision” means a decision made by a person appointed by the Secretary of State pursuant to paragraph 2A of Schedule 6 to the 1980 Act(4) (provisions as to making, confirmation, validity and date of operation of certain orders relating to footpaths, bridleways and restricted byways), paragraph 10 of Schedule 15 to the 1981 Act (procedure in connection with certain orders under Part III) or paragraph 4 of Schedule 14 to the 1990 Act (procedure for footpaths and bridleways orders).

(1)

1980 c.66.

(2)

1981 c.69.

(3)

1990 c.8.

(4)

Paragraph 2A was inserted by the Wildlife and Countryside Act 1981 (c.69), Schedule 16, paragraph 7.