Electricity Act 1989

62 Public inquiries. E+W+S

(1) The Secretary of State may cause an enquiry to be held in any case where he considers it advisable to do so in connection with any matter arising under this Part other than a matter in respect of which any functions of the Director under section 25 above are or may be exercisable [F1 or a matter relating to a function which is exercisable by the Scottish Ministers].

[F2 (1A) The Scottish Ministers may cause an inquiry to be held in any case where they consider it advisable to do so in connection with any matter relating to the exercise by them of a function under this Part.]

(2) The provisions of subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 or subsections (2) to (8) of section 210 of the M2 Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and defraying the cost of, local enquiries) shall apply in relation to any inquiry held under this Part as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.

(3) Where—

(a) an enquiry is to be [F3 caused to be held by the Secretary of State] under this Part [F4 or Schedule 16 to the Energy Act 2004] in connection with any matter; and

(b) in the case of some other matter required or authorised (whether by this Part[F5 , that Schedule] or by any other enactment) to be the subject of an enquiry (“the other enquiry”), it appears to the relevant Minister or Ministers that the matters are so far cognate that they should be considered together,

the relevant Minister or Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.

(4) In subsection (3) above “the relevant Minister or Ministers” means the Secretary of State or, where causing the other inquiry to be held is a function of some other Minister of the Crown, the Secretary of State and that other Minister acting jointly.

[F6 (5) Where–

(a) an inquiry is to be caused to be held by the Scottish Ministers under this Part in connection with any matter; and

(b) in the case of some other matter required or authorised (whether by this Part or by any other enactment) to be the subject of an inquiry which is to be caused to be held by the Scottish Ministers, it appears to the Scottish Ministers that the matters are so far cognate that they should be considered together,

the Scottish Ministers may direct that the two inquiries be held concurrently or combined as one inquiry.]

Textual Amendments

F1 Words in s. 62(1) added (1.7.1999) by S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 8(1)(2) (with art. 7)

F2 S. 62(1A) inserted (1.7.1999) by S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 8(3) (with art. 7)

F3 Words in s. 62(1) substituted (1.7.1999) by S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 8(4) (with art. 7)

F4 Words in s. 62(3)(a) inserted (1.10.2005) by Energy Act 2004 (c. 20), ss. 102(3)(a), 198(2); S.I. 2005/877, art. 2(2), Sch. 2

F5 Words in s. 62(3)(b) inserted (1.10.2005) by Energy Act 2004 (c. 20), ss. 102(3)(b), 198(2); S.I. 2005/877, art. 2(2), Sch. 2

F6 S. 62(5) added (1.7.1999) by S.I. 1999/1750, arts. 1, 6(1), Sch. 5 para. 8(5) (with art. 7)

Marginal Citations

M1 1972 c. 70.

M2 1973 c. 65.