The Highways (Inquiries Procedure) Rules 1994

Date and notification of inquiry

10.—(1) The date fixed by the Secretary of State for the commencement of an inquiry shall be determined by him but shall be:

(a) not later than 22 weeks after the relevant date; or

(b) in a case where a pre-inquiry meeting is held pursuant to rule 5, not later than 8 weeks after the conclusion of that meeting; or

(c) where the Secretary of State is satisfied that in all the circumstances of the case it is impracticable to hold the inquiry within the applicable period mentioned in (a) or (b), the earliest practicable date after the end of that period.

(2) Unless the Secretary of State agrees a lesser period of notice with each statutory objector, he shall give not less than 6 weeks' notice of the date, time and place fixed by him for the holding of an inquiry to every person specified in rule 13(1).

(3) The place at which the inquiry is to be held shall be determined by the Secretary of State and where he is satisfied, having regard to the nature of the draft order or scheme, that it is reasonable to do so he may direct that it shall be held in more than one place.

(4) The Secretary of State may vary the date fixed for the commencement of an inquiry whether or not the revised date is within the applicable period mentioned in paragraph (1); and paragraph (2) shall apply to a variation of a date as it applied to the date originally fixed.

(5) The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.

(6) The Secretary of State shall, not later than 2 weeks before the date fixed for the holding of an inquiry:

(a) post a notice of the inquiry in a conspicuous place or (in the case of an order or scheme making provision for highway works more than 5 kilometres in length) at intervals of not more than 5 kilometres, on or as close as reasonably practicable to the site or, where more than one site is involved, to each site;

(b) post a notice of the inquiry in one or more places where public notices are usually posted in the locality or localities concerned;and

(c) publish a notice of the inquiry in one or more local newspapers circulating in the locality in which the site or sites are situated or,if more than one locality is concerned, in one or more newspapers circulating in each such locality.

(7) Any notice of inquiry posted or published pursuant to paragraph (6) shall contain a statement of the date, time and place (or where a direction has been given under paragraph (3) above, the places) of the inquiry, and of the relevant section under which the scheme or order has been made, together with a sufficient description of the scheme or order to identify the location of the land to which they relate with or without reference to a specified map.

(8) Where an inquiry is to be held in more than one place paragraphs (2) to (7) shall apply to the second and any subsequent inquiry location.