Highways Act 1980

[F14(1)If either of the following persons—E+W

(a)the statutory undertakers to which the question relates, and

(b)in the case of an order to be made on an application under section 118ZA, 118C, 119ZA or 119C of this Act, the person who made the application,

express a wish to appear before and be heard by the appointed person, the appointed person shall give them an opportunity of appearing and being heard.

(2)Whether or not sub-paragraph (1) above applies, the appointed person—

(a)may hold an inquiry or other hearing in connection with the determination of the question, and

(b)shall, if the appropriate Minister so directs, hold an inquiry in connection with that determination.

(3)Where an appointed person holds an inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appropriate Minister to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the question.

(4)Subject to paragraph 7 below, the costs of an inquiry or other hearing held under this Schedule shall be defrayed by the appropriate Minister.]

Textual Amendments

F1Sch. 12ZA inserted (12.2.2003 and 21.5.2007 for E. for certain purposes, 31.5.2005 for W. and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I. para. 24; S.I. 2003/272, art. 2(a)(q); S.I. 2005/1314, art. 2(b)(vii); S.I. 2007/1493, art. 2