PART 5SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS
Local inquiries
I1178Access to evidence at inquiry
1
At a local inquiry held under this Part—
a
oral evidence must be heard in public, and
b
documentary evidence must be available for public inspection.
2
But if a ministerial authority is satisfied that both of the conditions in subsection (3) are met in relation to an inquiry, it may direct that evidence of a description specified in the direction is to be heard or available for inspection at that inquiry only by persons who are specified in the direction or of a description specified in it.
3
The conditions are—
a
that giving evidence of a particular description in public or making it available for public inspection would be likely to result in the disclosure of information about—
i
national security, or
ii
the measures taken or to be taken to ensure the security of any land or other property, and
b
that the public disclosure of the information would be against the national interest.
4
If a ministerial authority is considering giving a direction under this section, the Counsel General may appoint a person (an “appointed representative”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.
5
If there is no appointed representative when a ministerial authority gives a direction under this section, the Counsel General may at any time appoint a person as an appointed representative for the purposes of the inquiry.
6
The Welsh Ministers may by regulations make provision about—
a
the procedure to be followed by a ministerial authority before it gives a direction under this section in a case where there is an appointed representative;
b
the functions of an appointed representative.
7
In this section and section 179, “ministerial authority” means the Welsh Ministers or the Secretary of State.