3.1 We will hold an inquiry if any objector decides that they do not want to follow the procedure for written representations and a site visit, or if we consider that an inquiry is necessary.

3.2 We will write to the authority and all objectors to tell them that a local public inquiry will be held into the order and that a date and place will be fixed as soon as possible. For the objectors we will also enclose a copy of the authority's statement of the reasons the order should be confirmed, together with the authority's comments on the objections.

3.3 Many people may have objected to the order. So it is not practical for us to consult everyone when fixing dates for inquiries. We will ask the authority to suggest a date, but the date also depends on when the most suitable place is available within reasonable travelling distance of the order site.

3.4 Once the date and place have been arranged, we will send the details to the authority, all objectors and certain national and local organisations which have an interest in rights of way orders. Then we will appoint an inspector for the Secretary of State.

3.5 We will only put off an inquiry in very special circumstances.

Advertising the inquiry

3.6 The authority must advertise the inquiry in a local newspaper. They must also put up notices at either end of each way affected by the order and wherever public notices are usually displayed in the district. They must do this at least 14 days before the inquiry is due to start.

Who can go

3.7 Anybody can go to the inquiry.

3.8 No one has to go, but we expect the authority and anyone who has asked us for the inquiry to be there. (if they cannot, they should send a representative.)

3.9 Please be aware that there may be a need to cross-examine your evidence. If this is not possible, due to your non attendance, it may lead to the Inspector giving it less weight, than that evidence which is able to be cross examined.

Proof of evidence

3.10 It is helpful if the authority and objectors prepare a proof of evidence. (A proof of evidence is a written statement of the evidence intended to be given at the inquiry together with a copy of any documents intended to be produced.)

3.11 This can save time at the inquiry because each side has a clear idea of what the other will be saying. It can also help avoid people asking for the inquiry to be adjourned (suspended) because they have not had the time to prepare an argument against unexpected evidence (see sections 3.30 and 3.31 of this booklet). People can always add to their proof of evidence at the inquiry.

3.12 If anyone decides to prepare a proof of evidence, they should send it to us at least four weeks before the start of the inquiry. Objectors should send copies of their proof of evidence to the authority and us (for the inspector). The authority should send copies of their proof of evidence to the objectors and us.

The length of the inquiry

3.13 Most inquiries take one or two days. However, there is no way of predicting how long an inquiry will last. It depends on the number of people who want to speak and the size of the order. It also depends on the amount of evidence that has to be presented.

The procedure at the inquiry

3.14 The inspector decides the procedure at an inquiry. There are no procedural rules for rights of way inquiries, but the inquiry will usually take the following form.

Opening the inquiry and the Inspector's introduction

3.15 The inspector will introduce himself or herself and explain how the law under which the order has been made affects the case. He or she will then explain how the inquiry will continue.

3.16 The inspector will ask for the names of those who want to speak and then decide what order they should speak in. Objectors have a right to speak at the inquiry, but the inspector will usually let anyone with something relevant to say speak at the inquiry. Anyone who wants to speak should try to be there at the start of the inquiry, but this is not essential.

3.17 It is helpful if everyone at the inquiry writes clearly their name and full address and that of any organisation they may represent on the attendance list that the authority will pass round.

3.18 At this stage of the inquiry you should ask any questions about procedure, tell the inspector if you have to leave early or make any other requests for special arrangements. Once the inspector has explained the procedure, he or she will keep to it unless there are very good reasons to change.

Presenting the cases

3.19 The authority will usually present its case first. But if the authority no longer supports the order, it will be up to another person who supports the order to present the case.

3.20 The authority may introduce witnesses to give evidence to the inquiry. If those witnesses have proofs of evidence to put forward as evidence, the authority should provide copies for the objectors and the inspector at the inquiry.

3.21 The objectors will normally be allowed to question these witnesses, but the inspector will stop them if it becomes clear that they are making a statement rather than asking questions, or if their questions are repetitive. This procedure is commonly known as 'cross-examination'.

3.22 People on the same side will not normally be allowed to cross-examine each other unless they disagree on an important point. The inspector may also want to ask the person speaking some questions.

3.23 Anyone who wants to speak in support of the order will normally be heard after the authority. These people and their witnesses may have to answer questions from the objectors.

3.24 The objectors will then present their cases and call their witnesses (if any). Other people will then be allowed to speak against the order. Anyone who gives evidence may have to answer questions from the other side.

3.25 It is not the idea that everyone should be able to say what they like at the inquiry. The inspector may refuse to hear evidence which is irrelevant, repetitious or offensive.

3.26 If someone speaking against the order has presented a lot of evidence and called several witnesses, the inspector will normally allow them to make a closing statement. The closing statement should be a brief summary of the case. It may also refer to points made by the other side, but should not introduce new evidence.

3.27 After the objectors have presented their cases, including any closing statements, the authority will make a closing statement which may also refer to points made by the objectors. The closing statement should not introduce any new evidence, but if the authority suggests a modification (a change) to the order, see section 6.9 of this booklet, the objectors will be given the chance to consider this and reply.

The site visit

3.28 The inspector will usually have visited the site alone before the start of the inquiry.

3.29 At the inquiry, usually near the end, the inspector will announce the arrangements for another site visit. Anyone at the inquiry can go with the inspector on this visit. During the site visit, the inspector will look at the physical features of the order path and its surroundings. No new evidence can be given, but anyone may point out the features mentioned at the inquiry.

Other general points about local inquiries

Professional representation

3.30 No one has to have a professional representative, but anyone can instruct a lawyer or another professional to present their case. The inspector will treat all arguments with the same care, whoever presents them, and will make sure that the inquiry is carried out fairly.

When new questions come up unexpectedly

3.31 If unexpected questions are raised and the other side has not had the chance to consider them, the inquiry may have to be adjourned. This is up to the inspector.

3.32 Before adjourning the inquiry, the inspector will announce when and where it will start again. Adjourning the inquiry may delay the inspector's decision. So everyone giving evidence should try to make sure they do not introduce unexpected questions.

Late evidence

3.33 If evidence is introduced after the inquiry but before the decision, what happens to the evidence depends on who is to decide the case. If the inspector is to make the decision, we will pass the evidence to him or her. The inspector will decide whether new questions have been raised which may affect the decision. If this is the case, the inspector will send the evidence to everyone who presented their case or objected at the inquiry, giving them the chance to reply. He or she will also consider whether the inquiry should be re-opened. All this takes time, so everyone should try to make sure that they make the full case at the inquiry. If anyone holds evidence back deliberately from the inquiry and then introduces it late to get the inquiry re-opened, they may have to pay the costs of the inquiry. If the Secretary of State is to make the decision, the inspector will only report on the evidence available at the inquiry. We will send any later evidence to the Secretary of State.

Comments on procedure

3.34 If anyone wants to comment on the way the order has been made or processed by the authority, or the way we have dealt with the order since we received it, they should speak to the inspector at the start of the inquiry. The inspector will normally ask the authority to confirm that all the legal procedures have been carried out.

Legal submissions

3.35 When someone at the inquiry challenges the order or an objection on a question of law, it is known as a 'legal submission'. A legal submission should be put in writing and given to the inspector and everyone else at the inquiry. Everyone will have a chance to comment on the submission.

3.36 The inspector will usually consider legal submissions after closing the inquiry. It would be unusual for an inspector to consider them at the inquiry unless they threatened to prevent the inquiry continuing.

3.37 The inspector cannot give a legal ruling on the questions raised by a legal submission and any challenges to it or comments on it. This can only be done by the courts. However, if the legal documents are relevant to the inspector's decision on the order, he or she will have to make a decision on them.

Scope of the inquiry

3.38 The purpose of the inquiry is to hear evidence in relation to the order, in line with the Act under which the order was made (see part 5 of this booklet). The inquiry is not an opportunity to challenge the authority's administration or to put forward political arguments.