|
| |
|
Commission’s role in respect of application |
| |
79 | Report from single Commissioner to be referred to Council |
| |
(1) | This section applies where, in a case within section 78(2)(a), the Commission |
| |
receives the single Commissioner’s report on the application. |
| |
| 5 |
(a) | refer the application to the Council for decision, and |
| |
(b) | supply the report to the Council. |
| |
80 | Decisions made by the Council on the application |
| |
(1) | This section applies to decisions made by the Council in deciding the |
| |
| 10 |
(2) | At least five members of the Council must participate in making a decision. |
| |
(3) | The making of a decision requires the agreement of a majority of the members |
| |
of the Council who are participating in making it. |
| |
(4) | The person chairing the Council has a second (or casting) vote in the event that |
| |
the number of members of the Council agreeing to a proposed decision is the |
| 15 |
same as the number of members not so agreeing. |
| |
| |
Examination of applications under Chapter 2 or 3 |
| |
81 | Chapter applies to examination by Panel or single Commissioner |
| |
(1) | This Chapter applies— |
| 20 |
(a) | in relation to the examination of an application by a Panel under |
| |
| |
(b) | in relation to the examination of an application by a single |
| |
Commissioner under Chapter 3. |
| |
(2) | In this Chapter as it applies in relation to the examination of an application by |
| 25 |
a Panel under Chapter 2, “the Examining authority” means the Panel. |
| |
(3) | In this Chapter as it applies in relation to the examination of an application by |
| |
a single Commissioner under Chapter 3, “the Examining authority” means the |
| |
| |
82 | Examining authority to control examination of application |
| 30 |
(1) | It is for the Examining authority to decide how to examine the application. |
| |
(2) | The Examining authority, in making any decision about how the application is |
| |
| |
| |
(i) | the following provisions of this Chapter, and |
| 35 |
(ii) | any rules made under section 91, and |
| |
|
| |
|
| |
|
(b) | have regard to any guidance given by the Secretary of State, and any |
| |
guidance given by the Commission, relevant to how the application is |
| |
| |
(3) | The Examining authority may in examining the application disregard |
| |
representations if the Examining authority considers that the |
| 5 |
| |
(a) | are vexatious or frivolous, |
| |
(b) | relate to the merits of policy set out in a national policy statement, or |
| |
(c) | relate to compensation for compulsory acquisition of land. |
| |
83 | Initial assessment of issues, and preliminary meeting |
| 10 |
(1) | The Examining authority must make such an initial assessment of the principal |
| |
issues arising on the application as the Examining authority thinks |
| |
| |
(2) | After making that assessment, the Examining authority must hold a meeting. |
| |
(3) | The Examining authority must invite to the meeting— |
| 15 |
| |
(b) | each other interested party, |
| |
| whether or not the Examining authority is required by rules under section 91, |
| |
or chooses, also to invite other persons. |
| |
(4) | The purposes of the meeting are— |
| 20 |
(a) | to enable invitees present at the meeting to make representations to the |
| |
Examining authority about how the application should be examined, |
| |
(b) | to discuss any other matter that the Examining authority wishes to |
| |
| |
(c) | any other purpose that may be specified in rules under section 91. |
| 25 |
(5) | Subsections (2) to (4) do not prevent the Examining authority holding other |
| |
| |
(6) | Rules under section 91— |
| |
(a) | may (in particular) make provision supplementing subsections (1) to |
| |
| 30 |
(b) | must make provision as to when the assessment under subsection (1) is |
| |
to be made and as to when the meeting required by subsection (2) is to |
| |
| |
84 | Examining authority’s decisions about how application is to be examined |
| |
(1) | The Examining authority must in the light of the discussion at the meeting held |
| 35 |
under section 83(2) make such procedural decisions as the Examining |
| |
authority thinks appropriate. |
| |
(2) | The decisions required by subsection (1) may be made at or after the meeting. |
| |
(3) | The Examining authority may make procedural decisions otherwise than as |
| |
required by subsection (1), and may do so at any time before or after the |
| 40 |
| |
(4) | The Examining authority must inform each interested party of any procedural |
| |
decision made by the Examining authority. |
| |
|
| |
|
| |
|
(5) | In this section “procedural decision” means a decision about how the |
| |
application is to be examined. |
| |
85 | Written representations |
| |
(1) | The Examining authority’s examination of the application is to take the form |
| |
of consideration of written representations about the application. |
| 5 |
(2) | Subsection (1) has effect subject to— |
| |
(a) | any requirement under section 86 or 87 to cause a hearing to be held, |
| |
| |
(b) | any decision by the Examining authority that any part of the |
| |
examination is to take a form that is neither— |
| 10 |
(i) | consideration of written representations, nor |
| |
(ii) | consideration of oral representations made at a hearing. |
| |
(3) | Rules under section 91 may (in particular) specify written representations |
| |
about the application which are to be, or which may be or may not be, |
| |
considered under subsection (1). |
| 15 |
86 | Hearings about specific issues |
| |
(1) | Subsections (2) and (3) apply where the Examining authority decides that it is |
| |
necessary for the Examining authority’s examination of the application to |
| |
include the consideration of oral representations about a particular issue made |
| |
at a hearing in order to ensure— |
| 20 |
(a) | adequate examination of the issue, or |
| |
(b) | that an interested party has a fair chance to put the party’s case. |
| |
(2) | The Examining authority must cause a hearing to be held for the purpose of |
| |
receiving oral representations about the issue. |
| |
(3) | At the hearing, each interested party is entitled (subject to the Examining |
| 25 |
authority’s powers of control over the conduct of the hearing) to make oral |
| |
representations about the issue. |
| |
(4) | Where the Examining authority is a Panel acting under Chapter 2, any two or |
| |
more hearings under subsection (2) may be held concurrently. |
| |
| 30 |
(1) | The Examining authority must fix, and cause the interested parties to be |
| |
informed of, the deadline by which an interested party must notify the |
| |
Commission of the party’s wish to be heard at an open-floor hearing. |
| |
(2) | If the Commission receives notification from at least one interested party |
| |
before the deadline, the Examining authority must cause an open-floor hearing |
| 35 |
| |
(3) | At an open-floor hearing, each interested party is entitled (subject to the |
| |
Examining authority’s powers of control over the conduct of the hearing) to |
| |
make oral representations about the application. |
| |
88 | Hearings: general provisions |
| 40 |
(1) | The following provisions of this section apply— |
| |
|
| |
|
| |
|
(a) | to a hearing under section 86(2), and |
| |
(b) | to an open-floor hearing (see section 87). |
| |
| |
(a) | must be in public, and |
| |
(b) | must be presided over by one or more of the members of the Panel or |
| 5 |
(as the case may be) the single Commissioner. |
| |
(3) | It is for the Examining authority to decide how the hearing is to be conducted. |
| |
(4) | In particular, it is for the Examining authority to decide— |
| |
(a) | whether a person making oral representations at the hearing may be |
| |
questioned at the hearing by an interested party and, if so, the matters |
| 10 |
to which the questioning may relate; |
| |
(b) | the amount of time to be allowed at the hearing— |
| |
(i) | for the making of a person’s representations (including |
| |
representations made in exercise of an entitlement under |
| |
section 86(3) or 87(3)), or |
| 15 |
(ii) | for any questioning by an interested party. |
| |
(5) | The Examining authority’s powers under subsections (3) and (4) are subject |
| |
| |
| |
(b) | any rules made under section 91. |
| 20 |
(6) | Although the Examining authority’s powers under subsections (3) and (4) may |
| |
be exercised for the purpose of controlling exercise of an entitlement under |
| |
section 86(3) or 87(3), those powers may not be exercised so as to deprive the |
| |
person entitled of all benefit of the entitlement. |
| |
(7) | In making decisions under subsection (4)(a), the Examining authority must |
| 25 |
apply the principle that any oral questioning of a person making |
| |
representations at a hearing (whether the applicant or any other person) |
| |
should be undertaken by the Examining authority except where the Examining |
| |
authority thinks that, exceptionally, oral questioning by an interested party is |
| |
necessary in order to ensure— |
| 30 |
(a) | adequate testing of any representations, or |
| |
(b) | that an interested party has a fair chance to put the party’s case. |
| |
(8) | The Examining authority may refuse to allow representations to be made at the |
| |
hearing (including representations made in exercise of an entitlement under |
| |
section 86(3) or 87(3)) if the Examining authority considers that the |
| 35 |
| |
(a) | are irrelevant, vexatious or frivolous, |
| |
(b) | relate to the merits of policy set out in a national policy statement, |
| |
(c) | repeat other representations already made (in any form and by any |
| |
| 40 |
(d) | relate to compensation for compulsory acquisition of land. |
| |
89 | Hearings: disruption, supervision and costs |
| |
(1) | Where an interested party or any other person behaves in a disruptive manner |
| |
at a hearing, the Examining authority may decide to do any one or more of the |
| |
| 45 |
(a) | exclude the person from all, or part, of the remainder of the hearing; |
| |
|
| |
|
| |
|
(b) | allow the person to continue to attend the hearing only if the person |
| |
complies with conditions specified by the Examining authority; |
| |
(c) | exclude the person from other hearings; |
| |
(d) | direct that the person is allowed to attend other hearings only if the |
| |
person complies with conditions specified by the Examining authority. |
| 5 |
(2) | In subsection (1) “hearing” means— |
| |
(a) | a preliminary meeting under section 83, |
| |
(b) | a hearing under section 86(2), |
| |
(c) | an open-floor hearing (see section 87), |
| |
(d) | any other meeting or hearing that the Examining authority causes to be |
| 10 |
held for the purposes of the Examining authority’s examination of the |
| |
| |
| |
(3) | The Examining authority’s examination of the application is a statutory |
| |
inquiry for the purposes of Schedule 7 to the Tribunals, Courts and |
| 15 |
Enforcement Act 2007 (c. 15) (functions etc. of Administrative Justice and |
| |
| |
(4) | Subsection (5) of section 250 of the Local Government Act 1972 (c. 70) |
| |
(provisions about costs applying where Minister causes a local inquiry to be |
| |
held) applies in relation to the Examining authority’s examination of the |
| 20 |
application as it applies in relation to an inquiry under that section, but with |
| |
references to the Minister causing the inquiry to be held being read as |
| |
references to the Examining authority. |
| |
90 | Representations not made orally may be made in writing |
| |
(1) | Subsection (2) applies where— |
| 25 |
(a) | a person asks the Examining authority to be allowed to make oral |
| |
representations about the application at a hearing, |
| |
(b) | the person does not (for whatever reason) make the representations |
| |
| |
(c) | written representations from the person are received by the |
| 30 |
Commission before the Examining authority completes the Examining |
| |
authority’s examination of the application, and |
| |
(d) | the written representations state that they are ones that the person |
| |
asked to be allowed to, but did not, make orally at a hearing. |
| |
(2) | The Examining authority must consider the written representations as part of |
| 35 |
the Examining authority’s examination of the application, subject to section |
| |
| |
| |
(1) | The Lord Chancellor, after consultation with the Administrative Justice and |
| |
Tribunals Council, may make rules regulating the procedure to be followed in |
| 40 |
connection with the Examining authority’s examination of the application. |
| |
(2) | Rules under subsection (1) may make provision for or in connection with |
| |
authorising the Examining authority, alone or with others, to enter onto land, |
| |
including land owned or occupied otherwise than by the applicant, for the |
| |
purpose of inspecting the land as part of the Examining authority’s |
| 45 |
examination of the application. |
| |
|
| |
|
| |
|
(3) | Rules under subsection (1) may regulate procedure in connection with matters |
| |
preparatory to the Examining authority’s examination of the application, and |
| |
in connection with matters subsequent to the examination, as well as in |
| |
connection with the conduct of the examination. |
| |
(4) | Power under this section to make rules includes power to make different |
| 5 |
provision for different purposes. |
| |
(5) | Power under this section to make rules is exercisable by statutory instrument. |
| |
(6) | A statutory instrument containing rules under this section is subject to |
| |
annulment pursuant to a resolution of either House of Parliament. |
| |
92 | Timetable for examining, and reporting on, application |
| 10 |
(1) | The Examining authority is under a duty to complete the Examining |
| |
authority’s examination of the application by the end of the period of 6 months |
| |
beginning with the day after the start day. |
| |
(2) | The start day is the day on which the meeting required by section 83 is held or, |
| |
if that meeting is held on two or more days, the later or latest of those days. |
| 15 |
(3) | In a case where the Examining authority is required to make a report to the |
| |
Secretary of State under section 69(2)(b) or 78(2)(b), the Examining authority is |
| |
under a duty to make its report by the end of the period of 3 months beginning |
| |
with the day after the deadline for completion of its examination of the |
| |
| 20 |
(4) | The person appointed to chair the Commission may set a date for a deadline |
| |
under this section that is later than the date for the time being set. |
| |
(5) | The power under subsection (4) may be exercised— |
| |
(a) | more than once in relation to the same deadline; |
| |
(b) | after the date for the time being set for the deadline. |
| 25 |
(6) | Where the power under subsection (4) is exercised— |
| |
(a) | the person exercising the power must notify the Secretary of State of |
| |
what has been done and of the reasons for doing it, and |
| |
(b) | the Commission’s report under paragraph 16 of Schedule 1 for the |
| |
financial year in which the power is exercised must mention and |
| 30 |
explain what has been done. |
| |
93 | Completion of Examining authority’s examination of application |
| |
When the Examining authority has completed its examination of the |
| |
application, it must inform each of the interested parties of that fact. |
| |
| 35 |
(1) | The person appointed to chair the Commission (“the chair”) may, at the request |
| |
of the Examining authority, appoint a person to act as an assessor to assist the |
| |
Examining authority in the Examining authority’s examination of the |
| |
| |
(2) | A person may be appointed as an assessor only if it appears to the chair that |
| 40 |
the person has expertise that makes the person a suitable person to provide |
| |
assistance to the Examining authority. |
| |
|
| |
|