Planning Act 2008

97 Procedure rules

(1) The Lord Chancellor or (if subsection (2) applies) the Secretary of State, after consultation with the Administrative Justice and Tribunals Council, may make rules regulating the procedure to be followed in connection with the Examining authority’s examination of the application.

(2) This subsection applies if the development to which the application relates (or part of the development) is the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line—

(a) one end of which is in England or Wales, and

(b) the other end of which is in Scotland.

(3) 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 examination of the application.

(4) 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.

(5) Power under this section to make rules includes power to make different provision for different purposes.

(6) Power under this section to make rules is exercisable by statutory instrument.

(7) A statutory instrument containing rules under this section is subject to annulment pursuant to a resolution of either House of Parliament.