The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997

Representatives of the Secretary of State or government departments at inquiry

17.—(1) Where either–

(a) the Secretary of State has given a direction restricting the grant of permission for the development for which the application was made or a direction as to how the application is to be determined; or

(b) any government department have expressed in writing to the Secretary of State or to the planning authority a view on the application,

any of the persons mentioned in rule 16(1) may, not later than 2 weeks before the date of the inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or government department concerned to be made available at the inquiry.

(2) Where an application is made to the Secretary of State under paragraph (1) of this rule he shall make a representative of his department available to attend the inquiry, or, as the case may be, transmit the application to the other government department concerned who shall make a representative of that department available to attend the inquiry.

(3) A representative who, in pursuance of this rule, attends an inquiry shall state the reasons for the Secretary of State’s direction, or, as the case may be, the reasons for the view expressed by the department which he represents and shall give evidence and be subject to cross-examination to the same extent as any other witness.

(4) Nothing in this rule shall require a representative of the Secretary of State or a government department to answer any question which in the opinion of the reporter is directed to the merits of government policy and the reporter shall disallow any such question.