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The Rights of Way (Hearings and Inquiries Procedure) (England) Rules 2007

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Proofs of evidenceU.K.

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20.—(1) Any person entitled or permitted to appear at the inquiry under rule 19 who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall send the proof of evidence in question (together with any summary required under paragraph (4)) to the Secretary of State.

(2) Where a proof of evidence (together with any summary required under paragraph (4))(the “relevant documents”) is sent to the Secretary of State under paragraph (1), the Secretary of State shall as soon as practicable send the relevant documents to the persons specified in paragraph (3).

(3) The persons referred to in paragraph (2) are—

(a)in the case of relevant documents received from the authority, the applicant, each relevant person and any other person who has submitted or subsequently submits a statement of case;

(b)in the case of relevant documents received from the applicant, the authority, each relevant person and any other person who has submitted or subsequently submits a statement of case;

(c)in the case of relevant documents received from a relevant person, the authority, the applicant, each other relevant person and any other person who has submitted or subsequently submits a statement of case;

(d)in the case of relevant documents received from any person other than the authority, the applicant or a relevant person, the authority, the applicant, each relevant person and any other person who has submitted or subsequently submits a statement of case.

(4) A written summary shall be required where the proof of evidence in question exceeds one thousand five hundred words.

(5) The person sending the relevant documents shall ensure that they are received by the Secretary of State no later than four weeks before the date fixed for the holding of the inquiry.

(6) Where a written summary is provided in accordance with paragraphs (1) and (4), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.

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