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

4. The Inspector's Role at an Inquiry

4.1 The basic task of an Inspector is to hold an inquiry into the facts of the relevant matters before him or her. By listening to the evidence and submissions presented, reading the proofs, statements and submissions made, and asking questions when necessary, the Inspector will be able to write and submit a report containing the salient points of the cases heard, together with conclusions which lead to the recommendation the Inspector will make.

4.2 An inquiry is part of the administrative process for making or confirming orders. It provides the means whereby the Secretary of State / NAW can be apprised of the facts of the matter. It is the opportunity for statutory objectors and others who would be most closely affected by the proposal to be heard and to have their views reported to the Secretary of State / NAW.

4.3 The Inspector's job is to gather all of the relevant information and report this, in summarised form, to the Secretary of State / NAW. The Inspector should avoid leaving "loose ends" after the close of the inquiry which might only be satisfactorily addressed by the Secretary of State / NAW engaging in lengthy exchanges of correspondence between the parties - or even re-opening the inquiry. Such exchanges can result in delays in issuing the decision. The Inspector should ensure that all associated or consequent matters relating to the proposed scheme (including the implications of any possible modifications) are addressed - both in evidence and in the report's findings and conclusions - and that any necessary agreements, exchanges or obligations are concluded before the close of the inquiry.

4.4 As stated at paragraph 2.6 above, all inquiries must be conducted with openness, fairness and impartiality. The Inspector has a duty to ensure that all parties are given a fair opportunity to present their cases. The Inspector must avoid contact with any one party in the absence of others and must never put himself or herself into a position in which the Inspector's impartiality appears questionable. Judicial detachment, coupled with kindly and courteous attention to each in turn, is required. At the end of the inquiry all parties (with the possible exception of any who are simply intent on delaying or disrupting proceedings) should be satisfied that they have had a fair hearing.

4.5 See also Part 7 (paragraph 7.41 onwards) and the Inspector's responsibilities under the Human Rights Act 1998

Revised November 2004

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