The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013
2013 No. 1987
Tribunals And Inquiries, England And Wales
The Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013
Made 14th August 2013
Laid before Parliament 19th August 2013
Coming into force 1st October 2013
The Lord Chancellor makes the following Rules in exercise of the powers conferred by section 9 of the Tribunals and Inquiries Act 19921.
In accordance with that section the Lord Chancellor has consulted with the Administrative Justice and Tribunals Council.
PART 1
Preliminary
Citation, commencement and extent
1.—(1) These Rules may be cited as the Electricity (Necessary Wayleaves and Felling and Lopping of Trees) (Hearing Procedures) (England and Wales) Rules 2013 and come into force on 1st October 2013.
(2) These Rules extend to England and Wales.
Interpretation
2. In these Rules—
“the 1989 Act” means the Electricity Act 19892;
“applicant” means the person making a relevant application;
“document” includes a photograph, map or plan;
“electric line” has the meaning given in section 64 of the 1989 Act;
“further inspector’s report” has the meaning given in rule 15(4)(b);
“inspector” means a person appointed by the Secretary of State to carry out the matters in rule 6(2) or rule 8(2);
“inspector’s report” has the meaning given in rule 14;
“necessary wayleave” has the meaning given in paragraph 6(1) of Schedule 4 to the 1989 Act;
“notice” means a notice in writing;
“objector” means any owner or occupier of land to whom the Secretary of State is obliged by virtue of paragraph 6(5) or paragraph 9(6) of Schedule 4 to the 1989 Act to give an opportunity of being heard;
“oral hearing procedure” means the procedure set out in Part 3;
“party” means the applicant or an objector;
“pre-hearing meeting” has the meaning given by rule 10(1);
“procedure notice” has the meaning given in rule 3(6);
“relevant application” means—
(a) an application made under paragraph 6(3) of Schedule 4 to the 1989 Act, or
(b) a reference made under paragraph 9(5) of Schedule 4 to the 1989 Act;
“relevant land” means the land in respect of which a relevant application is made;
“representations” means representations in writing;
“statement of evidence” means a written statement which contains particulars of the party’s case, and in the case of the applicant’s statement of evidence complies with rule 4(3) or 11(4) as applicable;
“supporting documents” has the meaning given in rule 12(9);
“working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19713; and
“written representations procedure” means the procedure set out in Part 2.
Application of the written representations procedure or the oral hearing procedure
3.—(1) Where an applicant makes a relevant application to the Secretary of State, the applicant must send to each objector a copy of the relevant application together with copies of any documents submitted with the relevant application.
(2) On receipt of a relevant application, the Secretary of State must give notice to each party to seek that party’s consent for the written representations procedure to apply in respect of the determination of the application.
(3) A party may consent to the application of the written representations procedure by giving notice of that consent to the Secretary of State by the 30th working day after the date of the notice given under paragraph (2) (“the consent date”).
(4) The written representations procedure applies where—
(a)
(a) by the consent date, the Secretary of State has in respect of each party—
(i) received a notice under paragraph (3); or
(ii) not received a reply to the notice given under paragraph (2); and
(b)
(b) the Secretary of State considers that there are no exceptional circumstances which require an oral hearing to be held.
(5) Unless the written representations procedure applies, the oral hearing procedure applies in respect of the determination of the relevant application.
(6) As soon as practicable after the consent date, the Secretary of State must give notice to each party whether the written representations procedure or the oral hearing procedure applies in respect of the determination of the relevant application (“the procedure notice”).
PART 2
Written representations procedure
Statements of evidence
4.—(1) Where the written representations procedure applies, each party may submit a statement of evidence to the Secretary of State.
(2) The Secretary of State may disregard any statement of evidence received after the 30th working day after the date of the procedure notice (“the submission date”).
(3) The applicant’s statement of evidence must—
(a)
(a) in the case of an application made under paragraph 6(3) of Schedule 4 to the 1989 Act—
(i) describe the location of the proposed or existing electric line by reference to a map; and
(ii) state why the applicant considers that it is necessary or expedient for the applicant to install and keep installed (or to keep installed, as the case may be) the electric line on, under or over the relevant land and the reasons why it would be appropriate for the Secretary of State to grant a necessary wayleave; or
(b)
(b) in the case of a reference made under paragraph 9(5) of Schedule 4 to the 1989 Act—
(i) describe the location of the electric line and the trees to be felled or lopped by reference to a map; and
(ii) state why the applicant considers that it would be appropriate for the Secretary of State to make an order for the felling or lopping of such trees.
(4) The Secretary of State must give each party notice that in respect of each other party a statement of evidence—
(a)
(a) has not been received by the submission date;
(b)
(b) has been received by the submission date;
(c)
(c) has been received after the submission date and the Secretary of State has decided it is to be disregarded; or
(d)
(d) has been received after the submission date but the Secretary of State has decided it is to be taken into account.
(5) Where paragraph (4)(b) or (4)(d) applies, the notice must include a copy of the statement of evidence.
(6) Subject to paragraph (7), a notice under paragraph (4) must be given as soon as practicable after the submission date.
(7) If the Secretary of State receives a statement of evidence from each party before the submission date, the Secretary of State may comply with paragraph (4)(b) before the submission date.
Further representations
5.—(1) Where a notice is given under rule 4(4)(b) or (d), a party may make representations to the Secretary of State in respect of a statement of evidence made by another party.
(2) The Secretary of State may disregard any representations received after the 10th working day after the date of the notice given under rule 4(4)(b) or (d) (“the further submission date”).
(3) The Secretary of State must give each party notice that in respect of each other party representations—
(a)
(a) have not been received by the further submission date;
(b)
(b) have received by the further submission date;
(c)
(c) have been received after the further submission date and the Secretary of State has decided they are to be disregarded; or
(d)
(d) have been received after the further submission date but the Secretary of State has decided they are to be taken into account.
(4) Where paragraph (3)(b) or (3)(d) applies, the notice must include a copy of the representations.
(5) Subject to paragraph (6), a notice under paragraph (3) must be given as soon as practicable after the further submission date.
(6) If the Secretary of State receives representations from each party entitled to make representation under paragraph (1) before the further submission date, the Secretary of State may comply with paragraph (3)(b) before the further submission date.
Appointment of inspector for written representations procedure
6.—(1) Where the written representations procedure applies, the Secretary of State must appoint an inspector.
(2) Subject to paragraph (4), an inspector must—
(a)
(a) consider the relevant evidence; and
(b)
(b) submit the inspector’s report.
(3) As soon as practicable after the appointment of an inspector, the Secretary of State must—
(a)
(a) provide to the inspector the relevant evidence; and
(b)
(b) give notice to each party of the name of the inspector.
(4) If an inspector (“A”) is unable or unwilling to carry out the matters in paragraph (2), the Secretary of State may in respect of the matters which have not been carried out—
(a)
(a) discharge A as an inspector; and
(b)
(b) appoint a replacement inspector.
(5) In this rule, “the relevant evidence” means—
(a)
(a) the statements of evidence in respect of which a notice is given under rule 4(4)(b) or (d);
(b)
(b) the representations in respect of which a notice is given under rule 5(3)(b) or (d); and
(c)
(c) the further information in respect of which a notice is given under rule 7(4)(b) or (d).
Further information requested by the inspector
7.—(1) The inspector may give notice to any party to request that party to provide such further information in respect of the relevant application as may be specified in the notice and by the date specified in the notice (“the further information date”).
(2) The further information date must be the same in each notice given under paragraph (1).
(3) The inspector may disregard any further information received by the inspector after the further information date.
(4) The inspector must give each party notice that in respect of each other party further information—
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