The Transport and Works (Scotland) Act 2007 (Inquiries and Hearings Procedure) Rules 2007

Procedure at inquiry

16.—(1) Except as otherwise provided in these Rules, the reporter shall determine the procedure at an inquiry and shall state at the commencement of the inquiry the procedure the reporter proposes to adopt subject to consideration of any submission by any of the persons specified in rule 12(1).

(2) Unless in any particular case the reporter with the consent of the applicant otherwise determines, the applicant shall begin and shall have the right of final reply and other persons entitled or permitted to appear shall be heard in such order as the reporter may determine.

(3) Persons specified in rule 12(1) shall be entitled to call evidence, and the applicant and the statutory objectors shall be entitled to cross examine persons giving evidence, but, subject to paragraphs (2), (4), (5), and (8), the calling of evidence and the cross examination of persons giving evidence shall otherwise be at the reporter’s discretion.

(4) The reporter may refuse to permit–

(a) the giving or production of evidence;

(b) the cross examination of persons giving evidence; or

(c) the presentation of any other matter,

which the reporter considers to be irrelevant or repetitious but, where the reporter refuses to permit the giving of oral evidence for these reasons, the person wishing to give evidence may submit to the reporter in writing any such evidence or other matter before the close of the inquiry.

(5) Where a person gives evidence at an inquiry by reading a summary in accordance with rule 14(5), the precognition referred to in rule 14(1) and the documents referred to in rule 14(6) shall, unless the person required to provide the summary notifies the reporter that that person now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the precognition contains shall then be subject to cross examination on it to the same extent as if it were evidence that person had given orally.

(6) The reporter may refuse to permit the cross examination of persons giving evidence, or may require such cross examination to cease, if it appears to the reporter that permitting such cross examination or allowing it to continue (as the case may be) would have the effect that the timetable referred to in rule 9 could not be met.

(7) The reporter may direct the applicant to provide facilities so that any person appearing at an inquiry may take or obtain copies of documentary evidence open to public inspection, subject to such a person paying to the applicant a reasonable charge for the use of the facilities.

(8) The reporter may require any person appearing or present at an inquiry who, in the reporter’s opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit that person to return only on such conditions as the reporter may specify; but any such person may submit to the reporter in writing any evidence or other matter before the close of the inquiry.

(9) The reporter may proceed with an inquiry in the absence of any person specified in rule 12(1).

(10) The reporter may allow any person to alter or add to a statement of case served under rule 7 so far as may be necessary for the purpose of the inquiry; but the reporter shall (if necessary by adjourning the inquiry) give every other person specified in rule 12(1) an adequate opportunity of considering any fresh matter or document.

(11) The reporter may take into account any written representation or evidence or any other document received by the reporter from any person before an inquiry opens or during the inquiry provided that the reporter discloses it either, where practical, in advance of the inquiry by circulating copies of the documents or otherwise, at the inquiry, by ensuring that copies are available for inspection.

(12) The reporter may from time to time adjourn an inquiry, and

(a) if at the inquiry the reporter announces the date, time and place for reconvening the adjourned inquiry no further notice shall be required, but

(b) if the reporter makes no such announcement the reporter shall give such notice as the reporter considers reasonable and appropriate.

(13) Any person who appears at an inquiry and makes a closing submission shall by the close of the inquiry, or by such later time (if any) as the reporter may permit, provide the reporter with a copy of that person’s closing submission in writing.