The Drought Orders (Inquiries Procedure) Rules 1984

Procedure at inquiry

7.—(1) Except as otherwise provided in these rules, the procedure at the inquiry shall be such as the appointed person shall in his discretion determine.

(2) Unless in any particular case the appointed person with the consent of the authority otherwise determines, the authority shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the appointed person shall determine.

(3) The authority and any statutory objector shall be entitled to call evidence and cross-examine persons giving evidence, but any other persons appearing at the inquiry may do so only to the extent permitted by the appointed person.

(4) The appointed person shall not require or permit the giving or production of any evidence, whether written or oral, which would be contrary to the public interest but, save as aforesaid, and without prejudice to rule 6(2), any evidence may be admitted at the discretion of the appointed person, who may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the inquiry and that facilities be afforded him to take or obtain copies thereof.

(5) The authority may—

(a) alter or add to the reasons contained in the statement served under rule 4(4), or

(b) refer to or put forward documents which have not been included in the list furnished under rule 4(6),

but the appointed person shall give to every statutory objector an adequate opportunity of considering any altered or added reason, or added document, if necessary by adjourning the inquiry for such period as he considers reasonable.

(6) The appointed person shall be entitled (subject to disclosure thereof at the inquiry) to take into account any written representations or statements received by him before the inquiry from any person who, for whatever reason, does not attend the inquiry, insofar as those representations or statements appear to the appointed person to be proper and relevant to the matters in issue.

(7) If any statutory objector does not appear at the inquiry, the appointed person may proceed with the inquiry.

(8) The appointed person may from time to time adjourn the inquiry, and if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice shall be required.