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

7. The Inquiry

Programming

7.1 For the larger inquiries a Programme Officer will be appointed and it will be his or her responsibility, under the guidance of the Inspector, to draw up a provisional programme for the inquiry. If a pre-inquiry meeting has been arranged the Programme Officer will normally be in attendance to assist with arrangements and the opportunity should be taken to introduce him or her to those present and to explain his or her role. The parties should be told that it is their responsibility to keep in touch with the Programme Officer about the inquiry programme.

7.2 As the inquiry proceeds the Programme Officer should maintain a more detailed day-by-day and week-by-week rolling programme in consultation with the parties concerned and under the general direction of the Inspector. The Programme Officer may also be responsible for maintaining a library of inquiry documents, overseeing the numbering and recording of them, and arranging for their photocopying and distribution . See Notes for the Guidance of Programme Officers for Public Local Inquiries.

7.3 As a general rule public bodies either supporting or objecting to the proposals should be programmed to be heard before individual supporters or objectors, respectively, so that the latter know where such public bodies stand in relation to the proposals before they (the individuals) are called upon to present their own cases.

7.4 Most parties cannot spare the time to attend the whole of a long inquiry and many attend only during the presentation of the promoter's and their own cases. Whilst there is no obligation on an Inspector to keep them informed, it is good practice to ask the Programme Officer to contact parties whose interests are likely to be seriously affected by evidence which might otherwise be given in their absence. The programme should always be displayed on an inquiry notice board and be accessible to the public at all times.

Objections not previously notified

7.5 Anyone objecting to the proposal who failed to give notice of their objection within the statutory period or anyone else who comes along wishing to make representations at the inquiry will normally be programmed to speak after the statutory objectors have been heard, provided they have something relevant and not unduly repetitive to say. Programmes will be kept under constant review to accommodate changes in circumstances.

7.6 However, some inquiries are specifically into objections which have been made within an advertised formal deposit period - that is, objections which have been "duly made". In such cases, there may be no scope to hear representations from persons who did not lodge their objection before the close of the formal deposit period. Harbour Revision Orders fall into this category. At such inquiries the Inspector should not ask if anyone else (other then the listed persons who lodged "duly made" objections) wishes to speak at the inquiry. To do so would leave the Inspector at risk of being seen to be ignoring or going behind the advertised procedure.

7.7 It may be that someone has a relevant point but they did not include it in a "duly made" objection. If the promoter of the Order is represented at the inquiry the Inspector may then ask if the promoter would like the further point(s) to be treated as "duly made". If the response is "no" then the Inspector will have to turn the late representation away, saying that he/she can take no further action. If the promoter of the Order is not represented at the inquiry, the Inspector could say either that, although the objection is not "duly made" and therefore does not have to be taken into account, he/she will hear the point(s) and note them in the report and, in so far as he/she is capable of doing so; or say that whilst he/she cannot hear late objections, the person should write to the relevant Secretary of State setting out their views, with a request that they be taken into account in coming to the decision on the Order.

7.8 However, a complication arises where there are multiple Orders (e.g. Harbour Revision Order heard with a Transport and Works Act Order) where it is proper to hear late representations to one and not the other. The Inspector should use discretion in hearing such late objections and ask if the point is more relevant to one Order or the other. It will then be a matter for judgement on the day as to how to proceed and thereafter how to cover the point in his/her report.

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