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The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

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Hearing procedure

10.—(1) Except as otherwise provided in these Regulations, the directing authority must determine the procedure at a hearing.

(2) A hearing must take the form of a discussion led by the directing authority and cross-examination will be permitted if the directing authority considers it necessary to ensure a thorough examination of the main issues.

(3) At the start of the hearing the directing authority must identify what are, in its opinion, the main issues to be considered at the hearing and any matters on which it requires further explanation from the parties.

(4) Nothing in paragraph (3) precludes the parties from referring to issues which they consider relevant to the consideration of the request for a direction but which were not issues identified by the directing authority pursuant to that paragraph.

(5) The directing authority may–

(a)proceed with a hearing in the absence of any party;

(b)take into account any written representation or evidence or any other document received by it from any person before a hearing opens or during the hearing provided that the directing authority discloses it at the hearing; and

(c)from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice is required.

(6) When making its determination the directing authority may disregard any written representations, evidence or other document received after the end of the hearing.

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