Part 3Energy Regulation

Chapter 4Further provisions about regulation

Inquiries under ss. 36 and 37 of the 1989 Act

I1182Additional inspectors

1

In Schedule 8 to the 1989 Act (procedure for consents under sections 36 and 37 relating to the installation of generating stations and electric lines), after paragraph 5 insert—

5AAdditional inspectors

1

This paragraph applies in the case of—

a

a public inquiry in England and Wales by virtue of paragraph 2(2) or 3(2); or

b

a public inquiry in England and Wales which is a combination under section 62 of this Act into one inquiry—

i

of two or more such inquiries; or

ii

of one or more such inquiries and one or more other inquiries.

2

At any time after appointing a person to hold the inquiry (“the lead inspector”), the Secretary of State may direct him—

a

to consider such matters relating to the conduct of the inquiry as are specified in the direction; and

b

to make recommendations to the Secretary of State about those matters.

3

After considering the recommendations of the lead inspector, the Secretary of State may—

a

appoint for the purposes of the inquiry such number of additional inspectors as he thinks appropriate; and

b

direct that each additional inspector must consider such of the matters to which the inquiry relates as are allocated to him by the lead inspector.

4

An additional inspector must—

a

comply with every direction as to procedural matters given to him by the lead inspector; and

b

report to the lead inspector on every matter allocated to him.

5

It is to be for the lead inspector to report to the Secretary of State on the consideration of both—

a

the matters which he considered himself; and

b

the matters the consideration of which was allocated to additional inspectors.

6

The power of the Secretary of State to give directions to the lead inspector may be exercised on one or more different occasions after the appointment of the lead inspector.

7

Accordingly—

a

the recommendations that may be made by the lead inspector following such a direction include, in particular, a recommendation for varying the number of additional inspectors; and

b

the power of the Secretary of State to appoint an additional inspector includes power to revoke such an appointment.

8

A direction by any person under this paragraph may be varied or revoked by a subsequent direction by that person.

2

This section does not extend to Scotland.