- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
38.—(1) The following provisions of this section apply—
(a)to a hearing under regulation 33;
(b)to a compulsory acquisition hearing regulation 34; and
(c)to an open-floor hearing regulation 35.
(2) The hearing—
(a)must be in public; and
(b)must be presided over by one or more of the members of the Examining body.
(3) It is for the Examining body to decide how the hearing is to be conducted.
(4) In particular, it is for the Examining body to decide—
(a)whether a person making oral representations at the hearing may be questioned at the hearing by another person and, if so, the matters to which the questioning may relate;
(b)the amount of time to be allowed at the hearing—
(i)for the making of a person’s representations; or
(ii)for any questioning by another person.
(5) The Examining body’s powers under paragraphs (3) and (4) are subject to paragraph (2).
(6) Although the Examining body’s powers under paragraphs (3) and (4) may be exercised for the purpose of controlling exercise of an entitlement under regulations 33, 34 or 35 those powers may not be exercised so as to deprive the person entitled of all benefit of the entitlement.
(7) In making decisions under paragraph (4)(a), the Examining body must apply the principle that any oral questioning of a person making representations at a hearing (whether the applicant or any other person) should be undertaken by the Examining body except where the Examining body thinks that oral questioning by another person is necessary in order to ensure—
(a)adequate testing of any representations; or
(b)that a person has a fair chance to put the person’s case.
(8) The Examining body may refuse to allow representations to be made at the hearing if the Examining body considers that the representations—
(a)are irrelevant, vexatious or frivolous;
(b)relate to the merits of policy set out in a national policy statement;
(c)repeat other representations already made (in any form and by any person); or
(d)relate to compensation for compulsory acquisition of land or of an interest in or right over land.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: