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

7. The Inquiry (continued)

Recording the Proceedings of an Inquiry

The Inspector’s Notes

7.130 Since the business of an inquiry is directed towards apprising the Inspector of the facts of the matter subject to the inquiry, the most important record of any inquiry is the set of notes the Inspector takes himself. These notes provide the Inspector with the basis for his or her report and, although the Inspector should never attempt to take down everything verbatim, the gist of what is said should be recorded.

7.131 An Inspector can create a good impression by both paying attention to whoever is speaking and running the inquiry efficiently while taking notes. Conversely the Inspector can create a poor impression if the inquiry is left to run itself while the Inspector busily scribbles notes with his or her head down.

7.132 The Inspector’s notes are his/her property. However they must be retained until at least two years have expired from the date of the publication of the decision. Circumstances can arise where a decision is challenged in the High Court, and there is some dispute as to what was said at the Inquiry, the Court may order that the Inspector’s notes are produced as evidence.

Transcripts

7.133 In England , a transcript service may be provided by the Highways Agency for motorway and trunk road inquiries which are expected to last for more than 16 sitting days. For other cases, transcripts may be allowed at the Inspector’s discretion. Transcripts are not normally provided in Wales .

7.134 Transcripts may be helpful to those who are not able to attend all the sessions of the inquiry. However, a transcript is no substitute for an Inspector’s own notes since, by their very nature, the latter highlight the salient points of what was said and contain the Inspector’s comprehension of the proceedings. Tape recordings have the disadvantage that it is not always possible to distinguish between different speakers with similar voices.

Unofficial Transcripts or Tape Recordings

7.135 Unofficial transcripts or tape recordings should be treated with caution and should not normally be allowed if any party objects. The Inspector should ensure that the use of tape recorders does not interrupt the smooth running of the inquiry or inhibit people from speaking freely. If recording is permitted the Inspector should make it clear that the tape will not be under his or her control and that it will not be relied upon in the preparation of the Inspector’s report.

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