Part XVMiscellaneous and General Provisions

Local inquiries and other hearings

323Procedure on certain appeals and applications

1

The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under section 11 of the [1971 c. 62.] Tribunals and Inquiries Act 1971 apply.

2

The regulations may in particular make provision as to the procedure to be followed—

a

where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or

b

where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or

c

where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,

and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.

3

The regulations may also—

a

provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;

b

prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;

c

empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and

d

empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.