The Electricity (Compulsory Wayleaves) (Hearings Procedure) Rules 1967

EXPLANATORY NOTE

These Rules prescribe the procedure to be followed at hearings of proposals by Electricity Boards for the placing of electric lines across land under section 22 of the Electricity (Supply) Act 1919.

Rule 4 prescribes the procedure before the hearing. Not less than 21 days' notice of the hearing must be given by the Minister of Power, unless the parties agree to shorter notice. The electricity authority must, if they have not already done so, serve on each objector a statement of their reasons for making the proposal and the statement must include any views expressed in writing by a government department to the electricity authority in support of the proposal on which the authority propose to rely.

Rule 5 entitles the electricity authority and any objectors to appear at the hearing while rule 6 provides for the representation, at the request of any objector, of any government department which has expressed a view in support of the proposal.

Rule 7 prescribes the procedure at the hearing and rule 8 makes provision for the inspection of the land by the person appointed to hold the hearing.

Rule 9 provides for the appointed person's making a report to the Minister, which must include his findings of fact and his recommendations, if any, or reasons for not making any recommendations. Where the Minister differs from the appointed person on a finding of fact or after the close of the hearing receives new evidence (including expert opinion on a matter of fact) or takes into consideration any new issue of fact (not being a matter of Government policy) and is in consequence disposed to disagree with any recommendation made by the appointed person, the Minister must not come to a decision at variance with the recommendation without first giving the electricity authority and any objector who appeared at the hearing an opportunity of making representations or (if the Minister has received new evidence or taken a new issue of fact into consideration) of having the inquiry re-opened.

Rule 10 requires the Minister to notify his decision and reasons to the electricity authority and the objectors.