The Countryside Access (Appeals Procedures) (Wales) Regulations 2002

Receipt of statements of case etc.

19.—(1) The respondent must ensure that within:

(a) 6 weeks of the starting date; or

(b) where a pre-inquiry meeting is held pursuant to regulation 18, 4 weeks of the conclusion of that pre-inquiry meeting,

two copies of the respondent’s statement of case have been received by the National Assembly and a copy of that statement of case has been received by any interested person to whom the National Assembly may require a copy of that statement of case to be supplied.

(2) The respondent must include, in its statement of case, details of the place where, and times at which, the opportunity to inspect and take copies of the documents referred to in paragraph (12) below is to be afforded.

(3) The appellant must ensure that within:

(a) 6 weeks of the starting date; or

(b) where a pre-inquiry meeting is held pursuant to regulation 18, 4 weeks of the conclusion of that pre-inquiry meeting,

two copies of the appellant’s statement of case have been received by the National Assembly and a copy of that statement of case has been received by any interested person to whom the National Assembly may require a copy of that statement of case to be supplied.

(4) The National Assembly must, as soon as practicable after receipt, send a copy of the respondent’s statement of case to the appellant and a copy of the appellant’s statement of case to the respondent.

(5) The appellant and the respondent may, in writing, each require the other to send them a copy of any document, or the relevant part of any document, referred to in the list of documents comprised in the other’s statement of case; and any such document, or relevant part, must be sent, as soon as practicable, to the party who required it.

(6) The National Assembly may, in writing, require any other person, who has notified it of a wish to seek the appointed person’s permission to take part in the inquiry, to send:

(a) three copies of their statement of case to it within 4 weeks of being so required; and

(b) a copy of their statement of case to any specified interested person,

and the National Assembly must, as soon as practicable after receipt, send a copy of each such statement of case to the appellant and the respondent.

(7) The National Assembly must, as soon as practicable;

(a) send to a person from whom it requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the appellant and the respondent; and

(b) inform that person of the name and address of every person to whom that person’s statement of case is required to be sent.

(8) The National Assembly may in writing require any person, who has sent to it a statement of case in accordance with this regulation, to provide such further information about the matters contained in the statement of case as it may specify and may specify the time within which the information shall be received by it.

(9) Where the respondent or appellant is required to provide further information, they shall ensure that:

(a) two copies of that information in writing have been received by the National Assembly, within such time as is specified; and

(b) a copy has been received by any interested person to whom the National Assembly may require it to be supplied within such time as is specified,

and the National Assembly must, as soon as practicable after receipt, send to the appellant a copy of the further information received from the respondent and send to the respondent a copy of the further information received from the appellant.

(10) Any other person required to provide further information must ensure that:

(a) three copies of that information in writing have been received by the National Assembly, within the specified time; and

(b) a copy has been received by any interested person to whom the National Assembly may require it to be supplied within the specified time,

and the National Assembly must, as soon as practicable after receipt, send a copy of the further information to the respondent and the appellant.

(11) Any person other than the appellant who sends a statement of case to the National Assembly must send with it a copy of:

(a) any document; or

(b) the relevant part of any document,

referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (12).

(12) The respondent must afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of:

(a) any statement of case, written comments, information or other document a copy of which has been sent to the respondent in accordance with this regulation; and

(b) the respondent’s statement of case together with a copy of any document, or the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the respondent pursuant to this regulation.

(13) If the respondent or the appellant wish to comment on the other’s statement of case they must ensure that within 9 weeks of the starting date:

(a) two copies of their written comments have been received by the National Assembly; and

(b) a copy of their written comments has been received by any interested person to whom the National Assembly may require them to be supplied,

and the National Assembly must, as soon as practicable after receipt, send a copy of the written comments received from the appellant to the respondent and a copy of the written comments received from the respondent to the appellant.

(14) Any person, who sends a statement of case to the National Assembly under this regulation and who wishes to comment on another person’s statement of case, must ensure that not less than 4 weeks before the date fixed for the holding of the inquiry:

(a) three copies of that person’s written comments have been received by the National Assembly; and

(b) a copy of those written comments has been received by any interested person to whom the National Assembly may require them to be supplied,

and the National Assembly must, as soon as practicable after receipt, send a copy of the written comments to the appellant and the respondent.

(15) The National Assembly must, as soon as practicable after receipt, send to the appointed person any statement of case, document or further information or written comments sent to it in accordance with this regulation and received by it within the relevant period, if any, specified in this regulation.