Land Powers (Defence) Act 1958

4 (1) If any objection duly made as aforesaid is not withdrawn, the Minister shall afford to the person by whom that objection was made an opportunity to appear before, and be heard by, a person appointed [F1 in accordance with sub-paragraph (1A)] to hold an inquiry into the proposal to make the order: U.K.

Provided that the Minister shall not be required to afford any person an opportunity to appear and be heard as aforesaid otherwise than in private.

[F2 (1A) A person to hold an inquiry for the purposes of sub-paragraph (1) is to be appointed as follows—

(a) if the inquiry relates to land in England and Wales, the person is to be appointed by the Lord Chief Justice of England and Wales after consulting the Lord Chancellor;

(b) if the inquiry relates to land in Scotland, the person is to be appointed by the Lord President of the Court of Session;

(c) if the inquiry relates to land in Northern Ireland, the person is to be appointed by the Lord Chief Justice of Northern Ireland after consulting Lord Chancellor.]

(2) The person holding an inquiry under the foregoing sub-paragraph shall report thereon to the Minister who, after considering the report and the objection, may make the order either in the form of the draft or, subject to paragraph 6 of this Schedule, with modifications.

(3) [F3 Rules of procedure shall be made by statutory instrument in accordance with sub-paragraph (3A)] for the purposes of inquiries held under this paragraph, including rules—

(a) as to the information with respect to the Minister’s reasons for proposing to make the order, the findings and recommendations of the person holding the inquiry, the Minister’s decision on those findings and recommendations, and the Minister’s reasons for any departure from those recommendations, to be furnished by the Minister to persons afforded such an opportunity as aforesaid as being owners, lessees or occupiers of any land;

(b) as to the furnishing by the Minister to the person holding the inquiry of explanations of the Minister’s reasons for proposing to make the order and of evidence in support thereof.

[F4 (3A) Rules under sub-paragraph (3) are to be made as follows—

(a) if the rules are for the purposes of inquiries held in relation to land in England and Wales, they are to be made by the Lord Chancellor;

(b) if the rules are for the purposes of inquiries held in relation to land in Scotland, they are to be made by the Secretary of State after consultation with the Lord President of the Court of Session;

(c) if the rules are for the purposes of inquiries held in relation to land in Northern Ireland, they are to be made by the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland.]

(4) The person appointed to hold an inquiry under this paragraph shall be paid by the Minister such remuneration and allowances [F5 as may be determined, with the approval of the Treasury—

(a) by the Lord Chancellor, or

(b) in a case where the Lord President of the Court of Session appointed the person, by the Secretary of State.]

[F6 (5) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

(6) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F1 Words in Sch. 2 para. 4(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 46(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F2 Sch. 2 para. 4(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 46(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F3 Words in Sch. 2 para. 4(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 46(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F4 Sch. 2 para. 4(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 46(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F5 Words in Sch. 2 para. 4(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 46(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F6 Sch. 2 para. 4(5)-(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 46(7); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)