Handling environmental appeals through hearings or local inquiries: code of practice

Annex A: Hearing Sessions

1. Notice of hearing session and specified matters

(1) The reporter will give written notice (a "procedure notice") of the scope of the hearing session to the appellant, SEPA and any body or person who has been notified of the appeal under the relevant legislation, or who has made representations in the appeal (the parties).

(2) The procedure notice will set out the matters to be considered at the hearing session. Only those specified matters will be considered at the hearing session.

(3) The reporter may also send a procedure notice to any other person or body that, in the opinion of the reporter, may be able to provide information on the matters specified in the notice.

(4) Anybody given the procedure notice and who intends to appear at the hearing session must, within 14 days of the date of the notice, inform the reporter in writing of that intention.

2. Appearances at hearing session

(1) Those entitled to appear at the hearing session are;

(a) the appellant

(b) SEPA; and

(c) anybody else who, in response to the procedure notice, has informed the reporter of their intention to appear at the hearing session in accordance with paragraph 1(4) above

3. Date and notification of hearing session

(1) The date, time and place of the hearing session will be set (and may subsequently be varied) by the reporter. Unless the appellant and SEPA agree to a shorter period of notice, the reporter will give at least 28 days' notice of those arrangements, or any subsequent variation of them, to all those entitled to appear at the hearing session.

4. Service of hearing statements and documents

(1) The reporter may, by notice, require those entitled to appear at the hearing session to send him/her, by the date specified in the notice;

(a) a hearing statement; and

(b) where the participant intends to refer to or rely on any documents when presenting their case, a copy of every document (or the relevant part of a document) on the list comprised in that hearing statement

(2) The appellants and SEPA must send each other copies of their hearing statement and supporting documents. Other participants who have been asked to submit a hearing statement and any supporting documents must copy these to the appellant and to SEPA at the same time as these are sent to the reporter.

(3) The reporter may direct the appellant and/or SEPA to send a copy of their hearing statement and supporting documents to other participants. The reporter may direct other participants who have been asked to submit a hearing statement and any supporting documents to copy these to participants other than the appellant and SEPA.

(4) In this paragraph, "hearing statement" is a written statement which outlines the case relating to the specified matters which a person proposes to put forward to a hearing session and;

(a) a list of documents (if any) which the hearing participant intends to refer to or rely on; and

(b) a list of any other people who will attend and speak on that participant's behalf at the hearing session, noting any matters which those people are particularly to address and any relevant qualifications they hold in relation to those matters

(5) If required by notice in writing from the reporter, anybody who has served a hearing statement in accordance with this paragraph must;

(a) provide such further information about the matters contained in the statement as the reporter may specify; and

(b) at the same time send a copy of that further information to anybody else on whom the hearing statement has been served

5. Procedure at hearing

(1) Except as otherwise provided in this Annex, the reporter will decide the procedure to be followed at a hearing session.

(2) The reporter will, having considered any submission by hearing participants, state at the beginning of the hearing session the procedure s/he proposes to adopt.

(3) A hearing session will take the form of a discussion led by the reporter. Cross-examination of participants will not be permitted.

(4) Anybody entitled to appear at the hearing session may do so on their own behalf or be represented by another person.

(5) Where two or more persons or bodies have a similar interest in the issues being considered at the hearing session, the reporter may allow or encourage one or more of them to appear on behalf of some or all.

(6) The reporter may proceed with a hearing session in the absence of any person entitled to appear at the hearing session.

(7) The reporter may from time to time adjourn the hearing session and, if the date, time and place of the adjourned hearing session are announced before the adjournment, no further formal notice is required. Otherwise participants will be advised of the new arrangements in line with paragraph 3 above.

6. Site inspection

(1) Before the end of the hearing session, the reporter will decide whether there is to be an inspection of the site, specific to the matters which are the subject of the hearing session, accompanied by the parties involved in the hearing session. This may be in addition to an earlier inspection of the site made by the reporter. If appropriate, the reporter may allow further limited discussion of relevant matters on site before formally closing the hearing session.