The Compulsory Purchase (Inquiries Procedure) Rules 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/3617 |
| Year | 2007 |
2007 No. 3617
TRIBUNALS AND INQUIRIES, ENGLAND AND WALES
The Compulsory Purchase (Inquiries Procedure) Rules 2007
Made 15th December 2007
Laid before Parliament 8th January 2008
Coming into force 29th January 2008
The Lord Chancellor makes the following Rules in exercise of the powers conferred on him by section 9 of the Tribunals and Inquiries Act 19921and after consultation with the Council on Tribunals:
Citation, commencement and application
1.—(1) These Rules may be cited as the Compulsory Purchase (Inquiries Procedure) Rules 2007 and shall come into force on 29th January 2008.
(2) Subject to rule 22(3) these Rules apply where—
(a)
(a) a confirming authority2causes a public local inquiry to be held pursuant to subsection (3)(a) of section 13A of the Acquisition of Land Act 19813(compulsory purchase by local or other authority - remaining objections); or
(b)
(b) an appropriate authority4causes a public local inquiry to be held pursuant to sub-paragraph (3)(a) of paragraph 4A of Schedule 1 to that Act (compulsory purchase by Minister - remaining objections)5.
Interpretation
2. In these Rules—
“the Act” means the Acquisition of Land Act 1981;
“assessor” means a person appointed by the authorising authority to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the authorising authority may specify;
“authorising authority” means the confirming authority where subsection (3) (a) of section 13A of the Act applies or the appropriate authority where sub-paragraph (3) (a) of paragraph 4A of Schedule 1 to the Act applies;
“document” includes a photograph, map or plan;
“inquiry” means a public local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the authorising authority to hold an inquiry or a re-opened inquiry;
“land” means the land to which an order relates or, where a right over land is proposed to be acquired by an order, the land over which the right would be exercised;
“ministerial order” means an order prepared in draft in accordance with Schedule 1 to the Act;
“non-ministerial order” means an order made and submitted for confirmation in accordance with Part 2 of the Act;
“order” means a compulsory purchase order as defined in section 7 of the Act;
“outline statement”, means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously; and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“relevant date” means the date of the authorising authority’s notice under paragraph (2) or (3) of rule 3;
“remaining objector” means a person who has a remaining objection within the meaning of section 13A or, as the case may be, paragraph 4A (1) of Schedule 16;
“statement of case” means a written statement comprising—
(a) full particulars of the case which a person proposes to put forward at the inquiry (including where that person is the acquiring authority7the reasons for making the order); and
(b) copies of, or relevant extracts from, any documents referred to in such statements and a list of any documents to which that person intends to refer or which he intends to put in evidence.
Preliminary action to be taken by the authorising authority
3.—(1) The authorising authority shall give written notice of its intention to cause an inquiry to be held in accordance with paragraph (2) or (3).
(2) In the case of an inquiry which relates to a ministerial order, notice shall be given—
(a)
(a) to each remaining objector;
(b)
(b) by a date which is not later than 5 weeks after the expiry of the time within which objections to the draft order may be made.
(3) In the case of an inquiry which relates to a non-ministerial order, notice shall be given—
(a)
(a) to the acquiring authority and to each remaining objector;
(b)
(b) by a date which is not later than 5 weeks after whichever is the later of—
(i) the expiry of the time within which objections to the order may be made; or
(ii) the submission of the order to the authorising authority for confirmation.
(4) At the same time as notice is given under paragraph (1), the authorising authority shall also give written notice to the acquiring authority (where that authority is not the authorising authority) of the substance of each objection made by a remaining objector, and, so far as practicable, the substance of any other objections.
Pre-inquiry meetings
4. If it appears to the authorising authority to be desirable, the authorising authority may cause a pre-inquiry meeting to be held and, where it does so —
(a) the authorising authority shall give notice of its intention to hold a pre-inquiry meeting with the notice required under rule 3(2) or (3);
(b) the pre-inquiry meeting (or, where there is to be more than one, the first pre-inquiry meeting) shall be held not later than 16 weeks after the relevant date; and
(c) the procedures prescribed by rule 5 shall apply.
Pre-inquiry meetings: notices, outline statements, etc
5.—(1) The authorising authority shall cause to be published not later than 3 weeks after the relevant date, in one or more local newspapers circulating in the locality in which the land is situated, a notice of its intention to cause a pre-inquiry meeting to be held.
(2) The acquiring authority shall, not later than 8 weeks after the relevant date, send its outline statement to each remaining objector and, in the case of a non-ministerial order, to the authorising authority.
(3) The authorising authority may by notice in writing require—
(a)
(a) any remaining objector, and
(b)
(b) any other person who has notified it of his intention or wish to appear at the inquiry,
to send, within 8 weeks of the date of such notice, an outline statement to the authorising authority and to any other person specified in the notice including, in the case of a non-ministerial order, the acquiring authority.
(4) The authorising authority shall give not less than 3 weeks’ written notice of the meeting to—
(a)
(a) each remaining objector, and
(b)
(b) any other person whose presence at the meeting seems to it to be desirable, and
(c)
(c) in the case of a non-ministerial order, the acquiring authority.
(5) The authorising authority shall also give notice of the date, time and place of the pre-inquiry meeting by taking either or both of the following steps—
(a)
(a) fixing a notice—
(i) to a conspicuous object or place on or near the land; or where the land extends for more than 5 kilometres, at intervals of not more than 5 kilometres; and
(ii) in at least one place in the locality in which the land is situated where public notices are usually posted;
(b)
(b) publishing a notice in one or more newspapers circulating in the locality in which the land is situated.
Powers of inspector in respect of pre-inquiry meetings
6.—(1) An inspector shall preside at a pre-inquiry meeting held under rule 4.
(2) Where a pre-inquiry meeting has been held under rule 4, the inspector may hold another meeting and shall arrange for such notice to be given of that other meeting as appears to him to be necessary.
(3) Where no pre-inquiry meeting is held under rule 4, the inspector may hold a pre-inquiry meeting if he thinks it desirable, and shall arrange for not less than 3 weeks’ written notice of the meeting to be given to—
(a)
(a) the authorising authority;
(b)
(b) in the case of a non-ministerial order, the acquiring authority;
(c)
(c) each remaining objector;
(d)
(d) any other person known at the date of the notice to be entitled to appear at the inquiry; and
(e)
(e) any other person whose presence at the meeting appears to him to be desirable.
(4) At a pre-inquiry meeting held under rule 4 or this rule, the inspector shall determine the matters to be discussed and the procedure to be followed, and in particular he may—
(a)
(a) require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave; and
(b)
(b) refuse to permit that person to return or to attend any further pre-inquiry meetings relating to the same inquiry; or
(c)
(c) permit that person to return or to attend any further pre-inquiry meetings relating to the same inquiry only on such conditions as he may specify.
Statements of case, etc
7.—(1) The acquiring authority shall send a statement of case to each remaining objector and, in the case of a non-ministerial order, to the authorising authority—
(a)
(a) where a pre-inquiry meeting is held pursuant to rule 4 or rule 6(3), not later than 4 weeks after the conclusion of that meeting;
(b)
(b) in any other case, not later than 6 weeks after the relevant date.
(2) Unless every document, or the relevant part of every document, which the acquiring authority intends to refer to or put in evidence at the inquiry has been copied to each remaining objector, the acquiring authority shall send to each remaining objector a notice naming each place where a copy of those documents may be inspected free of charge at all reasonable hours until the date of commencement of the inquiry; and each place so named shall be as close as reasonably possible to the land.
(3) The authorising authority may by notice in writing require—
(a)
(a) any remaining objector; and
(b)
(b) any other person who has notified the authority of an intention to appear at the inquiry,
to send a statement of case to the authorising authority and to any other person specified in the notice (including, in...
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