Environment (Miscellaneous Provisions) Act 2011

26.

Amendment of section 135 of Act of 2000.

26.— Section 135 (amended by section 23 of the Act of 2006) of the Act of 2000 is amended—

( a) in subsection (2) by substituting “given by the Board under subsection (2A) or (2AB))” for “given by the Board under subsection (2A))”,

( b) by inserting the following subsections after subsection (2A):

“(2AB) The Board may in its absolute discretion, following a recommendation in relation to the matter from a person assigned to make a written report under section 146, give a direction to a person assigned to conduct an oral hearing that he or she shall allow points or arguments in relation to specified matters only during the oral hearing.

(2AC) Where a direction is given by the Board under subsection (2AB) the person to whom it is given shall comply with the direction unless that person forms the opinion that it is necessary, in the interests of observing fair procedures, to allow a point or an argument to be made during the oral hearing in relation to matters not specified in the direction.

(2AD) The Board shall give a notice of its direction under subsection (2AB) to—

( a) each party, in the case of an appeal or referral,

( b) the applicant and planning authority in the case of an application—

(i) under this Act,

(ii) for a railway order under the Act of 2001, or

(iii) for approval under section 51 of the Roads Act 1993, and

( c) each person who has made objections, submissions or observations to the Board in the case of an appeal, referral or application.

(2AE) The points or summary of the arguments that a person intending to appear at the oral hearing shall submit to the person conducting the hearing, where a direction has been given under subsection (2A) or (2AB), shall be limited to points or arguments in relation to matters specified in the direction under subsection (2AB).”,

( c) In subsection (2B) (inserted by section 23 of the Act of 2006), by inserting the following paragraph after paragraph ( d):

“( dd) may refuse to allow the making of a point or an argument in relation to any matter where—

(i) a direction has been given under subsection (2AB) and the matter is not specified in the direction, and

(ii) he or she has not formed the opinion referred to in subsection (2AC).”.