The Transport and Works (Applications, Objections and Inquiries Procedure) (Amendment) (England and Wales) Rules 2023

Amendments to the Transport and Works (Inquiries Procedure) Rules 2004

2.—(1) The Transport and Works (Inquiries Procedure) Rules 2004(1) are amended as follows.

(2) In rule 2 (interpretation) after paragraph (2) insert—

“(3) The requirements in rules 7(9), 12(5), 16(8), 17(2) and 21 to give any person who so requests an opportunity to inspect and take copies of any document or to provide copies to them, shall also be taken to have been satisfied where that person is notified of—

(a) the publication of the document on a website;

(b) the address of the website;

(c) the place on the website where the document may be accessed and how it may be accessed;

(d) details of where and when any document may be inspected or viewed in an electronic form;

(e) details of where and when copies of any document may be obtained; and

(f) any charge that will be levied for copies made of any document available for inspection or viewing.”

(3) In rule 7(2) (service of statement of case, etc.), for sub-paragraph (b), substitute—

“(b) upon each statutory objector and each person who is required to serve a statement of case under paragraph (3), a notice giving—

(i) the names of all places, within each area in which the proposals contained in the application are to have effect (or as close as reasonably practicable to that area) where, at all reasonable hours until the date of commencement of the inquiry—

(aa) a copy of every document, or

(bb) the relevant part of any document,

on which the applicant intends to refer to or put in evidence may be inspected or viewed in an electronic form free of charge; or

(ii) details of a website where a copy of the application and every document required by these Rules to accompany it are displayed.”

(4) In rule 24 (service of notices)—

(a) for paragraphs (1) and (2), substitute—

“(1) Notices or documents required or authorised to be served or sent under any of the provisions of these Rules may be effected by—

(a) sending by post;

(b) subject to paragraphs (2) to (5), sending by electronic transmission; or

(c) subject to compliance with the requirements in paragraph (6), publishing them on a website maintained by or on behalf of the applicant.

(2) Where a notice or other document required to be served or sent for the purposes of these Rules is served or sent by electronic transmission, the requirement shall be taken to be fulfilled where the recipient of the notice or other document to be transmitted—

(a) is the Secretary of State, the Inspector or a body mentioned in rule 13(1) to (4) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(2); or

(b) has given their consent to the use of electronic transmission, either in writing or by electronic transmission.”;

(b) for paragraph (4), substitute—

“(4) A person may—

(a) revoke their consent to the use of electronic transmission; or

(b) in accordance with paragraph (5), request that the use of electronic transmission ceases.”

(5) In paragraph (5), for “is no longer” substitute “is not”.

(6) After paragraph (5), insert—

“(6) The requirements referred to in paragraph (1)(c) are that the person upon whom the notice or other document is being served or sent is notified in writing of—

(a) the publication of the relevant document on a website;

(b) the address of the website;

(c) the place on the website where the document may be accessed and how it may be accessed;

(d) details of where and when copies of documents may be inspected or viewed in an electronic form;

(e) details of where and when copies of documents may be obtained; and

(f) any charge that will be levied for copies made of any document available for inspection or viewing.

(7) In this rule, “served or sent” includes “submitted” or “provided”.”

(1)

S.I. 2004/2018.

(2)

S.I. 2006/1466 as amended by S.I. 2011/556, S.I. 2015/627, and S.I. 2017/1070. There are other amendments not relevant to these Rules.