Part 3

Energy Regulation
Chapter 4

Further provisions about regulation

Inquiries under ss. 36 and 37 of the 1989 Act

Additional inspectors
182
1
In Schedule 8 to the 1989 Act (procedure for consents under sections 36 and 37 relating to the installation of generating stations and electric lines), after paragraph 5 insert—

Additional inspectors
5A
1
This paragraph applies in the case of—
a
a public inquiry in England and Wales by virtue of paragraph 2(2) or 3(2); or
b
a public inquiry in England and Wales which is a combination under section 62 of this Act into one inquiry—
i
of two or more such inquiries; or
ii
of one or more such inquiries and one or more other inquiries.
2
At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him—
a
to consider such matters relating to the conduct of the inquiry as are specified in the direction; and
b
to make recommendations to the Secretary of State about those matters.
3
After considering the recommendations of the lead inspector, the Secretary of State may—
a
appoint for the purposes of the inquiry such number of additional inspectors as he thinks appropriate; and
b
direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.
4
An additional inspector must—
a
comply with every direction as to procedural matters given to him by the lead inspector; and
b
report to the lead inspector on every matter allocated to him.
5
It is to be for the lead inspector to report to the Secretary of State on the consideration of both—
a
the matters which he considered himself; and
b
the matters the consideration of which was allocated to additional inspectors.
6
The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.
7
Accordingly—
a
the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and
b
the power of the Secretary of State to appoint an additional inspector includes power to revoke such an appointment.
8
A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.
2
This section does not extend to Scotland.
S. 182 in force at 6.4.2007 by S.I. 2007/1091, art. 2(a)
Ss. 171-196: power to apply (with modifications) conferred (26.10.2023) by Energy Act 2023 (c. 52), s. 334(2)(l), Sch. 18 para. 50