http://www.legislation.gov.uk/ssi/2006/265/article/10/madeThe Planning (National Security Directions and Appointed Representatives) (Scotland) Rules 2006Listed buildingsPlanning (town and country)Conservation areasNational securityPlanning applicationsKing's Printer for Scotland2016-07-21TOWN AND COUNTRY PLANNING
Section 265A of the Town and Country Planning (Scotland) Act 1997 provides that all planning inquiries are to be held in public except where the Secretary of State or the Scottish Ministers, after consultation with the Secretary of State, otherwise direct on the grounds of national security. Section 265A also makes provision for the appointment of persons (“appointed representatives”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if such a direction is given.
Hearing procedure
10
1
Except as otherwise provided in these Rules, the Scottish Ministers shall determine the procedure at a hearing.
2
A hearing shall take the form of a discussion led by the Scottish Ministers and cross-examination shall be permitted if the Scottish Ministers consider it necessary to ensure a thorough examination of the main issues.
3
At the start of the hearing the Scottish Ministers shall identify what are, in their opinion, the main issues to be considered at the hearing and any matters on which they require further explanation from the parties.
4
Nothing in paragraph (3) precludes the parties from referring to issues which they consider relevant to the consideration of the request for a direction but which were not issues identified by the Scottish Ministers pursuant to that paragraph.
5
The Scottish Ministers may–
a
proceed with a hearing in the absence of any party;
b
take into account any written representation or evidence or any other document received by them from any person before a hearing opens or during the hearing provided that they disclose it at the hearing; and
c
from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice is required.
6
When making their determination the Scottish Ministers may disregard any written representations, evidence or other document received after the end of the hearing.