The Compulsory Purchase (Inquiries Procedure) (Wales) Rules 2010

Procedure after inquiry

20.—(1) After the close of the inquiry, the inspector shall make a report in writing to the Welsh Ministers which shall include the inspector’s conclusions and recommendations or reasons for not making any recommendations.

(2) Where an assessor has been appointed, that person may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which the assessor was appointed to advise.

(3) Where the assessor makes a report in accordance with paragraph (2), the inspector shall append it to the inspector’s own report and shall state in that report how far the inspector agrees or disagrees with the assessor’s report and, where the inspector disagrees with the assessor, the inspector’s reasons for that disagreement.

(4) If, after the close of the inquiry, the Welsh Ministers—

(a) differ from the inspector on any matter of fact mentioned in, or appearing to them to be material to, a conclusion reached by the inspector; or

(b) take into consideration any new evidence or new matter of fact, other than a matter of government policy,

and are for that reason disposed to disagree with a recommendation made by the inspector, they shall not come to a decision which is at variance with that recommendation without first notifying the persons who appeared at the inquiry of their disagreement and the reasons for it.

(5) The Welsh Ministers shall afford to every person notified under paragraph (4) an opportunity—

(a) of making written representations to them within 3 weeks of the date of the notification, or

(b) if they have taken into consideration any new evidence or new matter of fact, other than a matter of government policy, of asking within that period for the re-opening of the inquiry.

(6) The Welsh Ministers may, as they think fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to the order as they may specify, and they shall do so if asked by the acquiring authority (in relation to a non-Welsh Ministers order) or by a remaining objector in the circumstances and within the period mentioned in paragraph (5).

(7) Where an inquiry is re-opened (whether by the same or a different inspector)—

(a) the Welsh Ministers shall send to those persons entitled to appear at the inquiry who appeared at it a written statement of the specified matters; and

(b) paragraphs (2) to (5) of rule 12 and, where the inquiry relates to a Welsh Ministers order, paragraphs (1) and (2) of rule 13 or, where the inquiry relates to a non- Welsh Ministers order, paragraph (3) of that rule, shall apply as if—

(i) references to an inquiry were references to a re-opened inquiry; and

(ii) in paragraph (2) of rule 12, for “6 weeks”, there were substituted “4 weeks”.