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PREPARATION FOR HEARING
Interlocutory applications
19.
Unless the chairman otherwise orders, an application for directions on any matter
which the chairman has power to determine under these Rules shall
be made in writing stating the grounds of the application and shall be delivered
or sent to the secretary together with a sufficient number of copies for service
on the other party or parties.
Disclosure of documents
20. (1) A party shall furnish to
the secretary on his request any document or other information which
the tribunal may require and which it is in the power of that party to furnish,
and shall afford to all other parties an opportunity to inspect such document
or a copy of such document, and to take copies thereof.
(2) Nothing in paragraph (1) shall require the furnishing
of any information which it would be contrary to the public interest
to disclose.
Minister's report in drainage cases
21. (1) On receipt of an application
in a drainage case, the tribunal shall call on the Minister of Agriculture,
Fisheries and Food to provide a report on the matters to which the application
relates, and for that purpose the tribunal may authorise any officer of
the Minister to enter and inspect any land specified by the tribunal.
(2) A report made under paragraph (1) may recommend that
no order or that an order in the terms set out in the report be made
by the tribunal.
(3)
On receipt of the report the secretary shall serve a copy thereof
on every party.
(4) Within one month of a copy of the report being served
on him the applicant shall serve a notice on the tribunal in form
12 stating whether or not he agrees with the facts stated and the recommendations
made in the report; and rules 16(1) and (5) and 17 shall apply to the notice
as if it were an application.
(5) The time within which a party is required by rule
15 to reply to the application shall, in a drainage case, run from
the date of the service on him of the notice under paragraph (4).
(6)
A report under this rule shall be prima facie evidence
of the facts sets out therein, but the maker of the report shall,
unless the tribunal otherwise direct, attend any formal hearing
of the application for the purpose of being examined and cross-examined
on the contents of the report.
Summary determination in drainage cases
22. Where, in a drainage case -
(a) |
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the report received under rule 21 - |
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(i) |
recommends that an order be made and |
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(ii) |
in the case of an application under section 40 of the Land Drainage
Act 1976 names a party to an application as the person whom it recommends
should be required to carry out any work: and |
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(b) |
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the applicant has notified the tribunal
of his acceptance of the recommendation; and |
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(c) |
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every other party has either - |
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(i) |
notified the tribunal of his acceptance of the recommendation, or |
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(ii) |
failed to reply to the application within the time allowed by rule
21(5), or |
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(iii) |
withdrawn his reply, |
the tribunal may decide to make an order on the application substantially
in the terms of the recommendation without a formal hearing.
Notice of hearing
23. (1) As soon as practicable after
receipt of the reply or, as the case may be, after the time for replying has
expired, the chairman shall fix a date, time and place for the hearing of the
application.
(2)
Where rule 15(1) does not apply, the chairman shall fix a date, time and place
for the hearing as soon as practicable after receipt of the application.
(3)
The chairman may alter the date, time or place fixed for any hearing if it appears
to him necessary or desirable to do so to avoid hardship to the parties or for
other good cause.
(4)
The secretary shall send to every party notice in form 13 of the date, time
and place of any hearing which, except with the consent of the parties, shall
not be earlier than fourteen days after the date on which the notice is sent.
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