Notes for the Guidance of Inspectors Holding Inquiries into orders and Special Road Schemes.

7. The Inquiry (continued)

The Inspector's Arrival at the Inquiry

7.9 Having checked the physical arrangements (see 3.8 and 3.9 above), and laid out his or her papers and name board some 30 minutes before the inquiry is due to open, the Inspector should leave the hall so as to reduce the possibility of being approached by one of the parties in the absence of others. The Inspector should return in just sufficient time (usually 2-3 minutes before the opening) to take his or her seat and compose himself or herself, and to request others in the hall to take their seats, before opening the inquiry promptly at the appointed time.

Opening the Inquiry

7.10 The opening usually provides the first and probably the best opportunity the Inspector will have to set the tenor and pace of the inquiry. The opening announcement should be carefully prepared and tailored to suit the experience and expectations of the principal parties and public alike. The Inspector should be firm, brisk and businesslike in his or her delivery and should aim to create an atmosphere of confidence in the proceedings, particularly among those who are unfamiliar with inquiries and are fearful of the proposal being considered.

7.11 The Inspector's tailored opening announcement should contain the following basic elements, expanded as necessary:

1. The Inspector's name and qualifications and those of any Assistant Inspector and/or Assessor (see Appendices F and G respectively).
2. Reference to the title of the scheme and/or order with which the inquiry is concerned.
3. That the Inspector is appointed to hold the inquiry by the First Secretary of State and /or the Secretary of State for Transport / NAW, or whichever other Secretary of State is listed on the Inspector's appointment to hear the case.
4. Taking a note of those who wish to appear at the inquiry (see 7.12 below).
5. That the inquiry is necessary because objections to the scheme and/or order have been received and not withdrawn.
6. That within his or her discretion the Inspector will hear all relevant objections and representations (see 2.6 above).
7. That the Inspector will be submitting to the Secretary of State / NAW a report on the gist of the evidence and submissions heard at the inquiry, and the written representations received, together with his or her conclusions and recommendations.
8. That the Secretary of State / NAW will consider the Inspector's report together with all the written objections and representations received and will then issue a decision on the matter which is the subject of the inquiry.
9. That the Inspector cannot settle points of law but that he or she will include in the report the gist of any legal submissions made.
10. That Government policies, and the methodologies, design standards, economic assumptions and forecasts of traffic growth adopted by the Government are not for debate at the inquiry, but their application to the proposals may be relevant (see 6.2- 6.7 above).
11. That the Inspector cannot deal with the assessment of compensation which will become a matter for negotiation between parties or, if agreement cannot be reached, for determination by the Lands Tribunal - if the scheme and/or order is eventually made/confirmed.
12. An outline of the procedure to be adopted (see Appendices D and E), referring to any procedural matters settled at the pre-inquiry meeting (see 7.31 below). Also an outline of the numbering system to be adopted for inquiry documents (see Appendix K).
13. A statement to the effect that the Inspector has already made an unaccompanied inspection of the site and/or route of the proposal (insofar he or she has been able to without venturing on to private land), and that if he or she deems it necessary or if any party to the inquiry requires it, he or she will be making an inspection of the site or route during the course of the inquiry or at the end of the inquiry, accompanied by representatives of the promoters, the objectors and/or other interested parties.
14. A request to the promoters that they will ensure that all the relevant plans are on public display and that they will maintain a library during the course of the inquiry where at least one copy of every relevant inquiry document (including each proof of evidence, written statement and letter received) will be available for public scrutiny. (For larger inquiries these arrangements will have been made at the pre-inquiry meeting where the Programme Officer or a librarian will have been appointed with the responsibility of maintaining the inquiry library).
15. An explanation of the role of the Programme Officer, Assistant Inspector and the Assessor, if appointed, and a reminder that it is the responsibility of the parties to keep in touch with the Programme Officer.
16. A reference to the pre-inquiry meeting (or meetings) if held.
17. The position with regard to applications for costs at those inquiries at which it is appropriate to make an announcement - see paragraphs 7.140- 7.141 below.
18. A request to the promoting authority for their confirmation that all the appropriate statutory formalities have been observed.
19. A request that everyone present should sign the attendance register on each day that they attend (see 7.155 below).
20. Detail of any domestic matters such as breaks in the morning and afternoon, lunch, sitting times and any health and safety announcements.

7.12 Early in the proceedings the Inspector should take a note of those who wish to appear (i.e. Take Appearances). If a large number wish to do so, the Inspector should simply make a note of the main parties and invite the remainder to give their names, addresses and telephone numbers with an indication of their interest, to the Programme Officer and state that they will be identified to the inquiry when they appear.

7.13 Inquiries sessions are usually held on Tuesday to Friday. The usual sitting times are 10.00 to 1.00 and 2.00 to 5.00, with short breaks (10-15 minutes) mid-morning and mid-afternoon, as appropriate and convenient. An earlier finish on a Friday may be necessary (2.00) to allow participants to travel; in which case a longer morning session may be appropriate, perhaps with a slightly earlier start (9.30) and with no lunch break, although with a slightly longer mid-morning break (20-30 minutes). Variations from these timings are, of course, at the discretion of the Inspector, taking into account the circumstances of the inquiry and the availability of the participants. However, unduly extended sessions can prove tiring to all involved, and result in tiredness and a lack of concentration for the Inspector. For similar reasons, it is usual to programme long inquiries so that breaks of a week occur after 3 or 4 weeks sitting.

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