The Highways (Inquiries Procedure) Rules 1994

Procedure after inquiry

26.—(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 his recommendations or his reasons for not making any recommendations.

(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 matters of fact (not being a matter of government policy),

and is for that reason 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 such of the persons specified in rule 13(1) or 22(1) who appear to him to be likely to be affected thereby, and who appeared at the inquiry, of his disagreement and the reasons for it; and affording them an opportunity either of making written representations to him within 3 weeks of the date of the notification, or (if the Secretary of State has taken into consideration any new evidence or new matters of fact, not being a matter of government policy) of asking within that period for the reopening of the inquiry.

(5) The Secretary of State may, as he thinks fit, cause an inquiry to be reopened, and he shall do so if asked by the promoting authority(in a case where that authority is a local highway authority) or by a statutory objector in the circumstances and within the period mentioned in paragraph (4); and where an inquiry is reopened (whether by the same or a different inspector) —

(a) the Secretary of State shall send to the persons specified in rule 13(1) or 22(1) who appeared at the inquiry a written statement of the matters with respect to which further evidence is invited; and

(b) paragraphs (2) to (6) of rule 10 and paragraphs (2) to (7) of Rule 20 shall apply,

(i) as if references to an inquiry were references to a reopened inquiry, but with the substitution in paragraph (2) of “4 weeks”for “6 weeks”, and

(ii) as if the words “whether or not the revised date is within the applicable period mentioned in paragraph (1)”were omitted from paragraph (4).