
1 
These Rules may be cited as the Electricity (Compulsory
Wayleaves) (Hearings Procedure) Rules 1967, and shall come into operation
on the 17th April 1967.
2 
These Rules apply to hearings held under the provisions of section 22(1) of
the Electricity (Supply) Act 1919
for the purpose of considering whether consent should be given to the placing
by an electricity authority of an electric line across land.
3 

(1) In these Rules, unless the context otherwise
requires:—
 “the Act of 1919”
means the Electricity (Supply)
Act 1919;
 “the Minister”
means the Minister of Power;
 “appointed person”
means the person appointed by the Minister to hold a
hearing to which these Rules apply;
 “electricity authority”
 means the Central Electricity Generating
Board or, as the case may be, any Area Board established by the Electricity Act 1947;

 “the land”
means the land across which consent to place an electric
line is sought;
 “objector”
means an owner or occupier of the land or any part thereof
who has failed to give his consent to the placing of the Electric line or
who has attached to his consent any terms, conditions or stipulations to which
the electricity authority objects.
(2) The 
Interpretation Act 1889 shall apply to the
interpretation of these Rules as it applies to the interpretation of an Act
of Parliament.
4 

(1) On receipt by the Minister of an application
for his consent under section 22(1)
of the Act to the placing of an electric line across land a date, time and
place for the hearing shall be fixed and may be varied by the Minister, who
shall give not less than 21 days notice in writing of such date, time and
place to every objector and to the electricity authority:Provided that—
(i) with the consent in writing of the objectors
and of the electricity authority the Minister may give such lesser period
of notice as may be agreed and in that event he may specify a date for service
of the statement referred to in the next following paragraph later than the
date prescribed in that paragraph;
(ii) where it becomes necessary or desirable
to vary the time or place fixed for the hearing, the Minister shall give such
notice of the variation as may appear to him to be reasonable in the circumstances.

(2) Not later than 14 days before the date
of the hearing (except where the Minister specifies a later date under 
proviso (i) to the last foregoing paragraph)
the electricity authority shall, unless it has already done so, serve on each
objector a written statement of its reasons for the proposed placing of the
electric line and shall supply a copy of the statement to the Minister.
(3) Where a government department has expressed
in writing to the electricity authority a view in support of the proposed
placing of the electric line and the electricity authority proposes to rely
on such expression of view in its submissions at the hearing, the authority
shall include it in the statement referred to in the last foregoing paragraph
and shall send a copy of its statement to the government department concerned.

(4) Where the electricity authority intends
to refer to or put in evidence at the hearing documents (including maps, photographs
and plans), the authority's statement shall, unless the authority has already
furnished each objector with copies of such documents, be accompanied by a
list of such documents, together with a notice stating the times and place
at which the documents may be inspected by any objector; and the electricity
authority shall afford every objector a reasonable opportunity to inspect
and, where practicable, to take copies of the documents.
5 

(1) The electricity authority may appear
at the hearing by any of its officers appointed by it for the purpose or by
counsel or solicitor, and an objector may appear on his own behalf or be represented
by counsel, solicitor or any other person.
(2) Where there are two or more objectors
having a similar interest in the matter under inquiry the appointed person
may allow one or more persons to appear for the benefit of some or all of
the objectors so interested.
6 

(1) Where a government department has expressed
in writing to the electricity authority a view in support of the proposed
placing of the electric line and the electricity authority has set out such
view in the statement referred to in rule 4(2)
, any objector may, not later than 7 days before
the date of the hearing, apply in writing to the Minister for a representative
of the government department concerned to be made available at the hearing.

(2) The Minister shall transmit any application
made to him under the last foregoing paragraph to the government department
concerned, who shall make a representative of the department available to
attend the hearing.
(3) Such representative shall at the hearing
state the reasons for the view expressed by his department and shall give
evidence and be subject to cross-examination to the same extent as other witnesses,
so, however, that the appointed person shall disallow any questions which
in his opinion are directed to the merits of government policy.
7 

(1) Except as otherwise provided in these
Rules, the procedure at the hearing shall be such as the appointed person
shall in his discretion determine.
(2) The hearing shall take place in public
unless the electricity authority or any objector requests the appointed person
to hold it in private.
(3) Unless in any particular case the appointed
person with the consent of the electricity authority otherwise determines
the electricity authority shall begin and have the right of final reply; and
the objectors shall be heard in such order as the appointed person may determine.

(4) The electricity authority and the objectors
shall be entitled to call evidence and cross-examine persons giving evidence.

(5) 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(3),
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 to appear at the hearing and that facilities be afforded him to take
or obtain copies thereof.
(6) The appointed person may allow the electricity
authority to alter or add to the reasons contained in the statement served
under rule 4(2)
or any list of documents which accompanied it so far as may be necessary for
the purpose of determining the questions in controversy between the parties,
but shall (if necessary by adjourning the hearing) give every objector an
adequate opportunity of considering any such alterations or additions.
(7) If any objector does not appear at the
hearing, the appointed person may at his discretion proceed with the hearing
and, if he does so, shall (subject to disclosure thereof at the hearing) take
into account any previous written representations of such objector in so far
as the same appear to him to be proper and relevant to the matters in issue.

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

8 

(1) The appointed person may make an unaccompanied
inspection of the land before, during or after the hearing without giving
notice of his intention to any person entitled to appear at the hearing.
(2) The appointed person shall, if so requested
by the electricity authority or any objector before or during the hearing,
inspect the land after the close of the hearing and shall, when such a request
is made, announce during the hearing the date and time at which he proposes
to make such an inspection.
(3) The electricity authority and the objectors
shall be entitled to accompany the appointed person on any inspection held
as a result of a request made under paragraph
(2) of this rule, but the appointed person
shall not be bound to defer his inspection if any person entitled to accompany
him is not present at the time appointed.
9 

(1) The appointed person shall after the
close of the hearing make a report in writing to the Minister which shall
include the appointed person's findings of fact and his recommendations, if
any, or his reasons for not making any recommendations.
(2) Where the Minister—
(a) differs from the appointed person on
a finding of fact, or
(b) after the close of the hearing receives
any new evidence (including expert opinion on a matter of fact) or takes into
consideration any new issue of fact (not being a matter of government policy)
which was not raised at the hearing,and by reason thereof is disposed to disagree with a recommendation
made by the appointed person, he shall not come to a decision which is at
variance with any such recommendation without first notifying the electricity
authority and any objector who appeared at the hearing of his disagreement
and the reasons for it and affording them an opportunity of making representations
in writing within 21 days or (if the Minister has received new evidence or
taken into consideration any new issue of fact not being a matter of government
policy) of asking within 21 days for the re-opening of the hearing.
(3) The Minister may, in any case if he thinks
fit, cause the hearing to be re-opened, and shall cause it to be re-opened
if asked to do so in accordance with the last foregoing paragraph; and if
the hearing is re-opened rule 4(1)
shall apply as it applies to the original hearing.
10 

(1) The Minister shall notify his decision,
and his reasons therefor, in writing to the electricity authority and the
objectors; and, where a copy of the appointed person's report is not sent
with the notification of the decision, the notification shall be accompanied
by a summary of the appointed person's conclusions and recommendations.
(2) If any person entitled to be notified
of the Minister's decision under the last foregoing paragraph has not received
a copy of the appointed person's report, he shall be supplied with a copy
thereof on written application made to the Minister within one month from
the date on which he is notified of the Minister's decision.
(3) For the purposes of this rule “report”
does not include documents, maps, photographs or plans appended to the report,
but the Minister shall afford any person entitled to be supplied with a copy
of the report an opportunity, if he wishes, of inspecting such documents,
maps, photographs and plans.
11 
Notices or documents required or authorised to be served or sent
under the provisions of these Rules may be sent by post.
Gardiner, C
Dated 21st March 1967