The Electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1990

Procedure after inquiry

16.—(1) After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and recommendations or his reasons for not making any recommendation.

(2) Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.

(3) Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.

(4) If, after the close of an inquiry, the Secretary of State—

(a) differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or

(b) takes into consideration any new evidence or new matter of fact (not being a matter of government policy),

and is by reason thereof disposed to disagree with a recommendation made by the inspector he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording to them an opportunity of making written representations to him within 21 days of the date of notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) an opportunity of asking within that period for the re-opening of the inquiry.

(5) The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to an application as he may specify, and he shall do so if asked to do so by the applicantor the relevant planning authority pursuant to paragraph (4) and in the circumstances and within the period mentioned in that paragraph; and where an inquiry is re-opened (whether by the same or a different inspector) —

(a) the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters specified pursuant to paragraph (5); and

(b) rules 10(3) to 10(8) shall apply as if the references to an inquiry were references to a re-opened inquiry.