HC Deb 06 May 1943 vol 389 cc442-4

  1. 1. The Secretary of State shall appoint a person to hold the inquiry and to report thereon to him.
  2. 2. The person appointed to hold the inquiry shall notify the Board and any person who has lodged objections to the scheme which is the subject of the inquiry, and shall publish in such newspaper or newspapers as the Secretary of State may direct a notice, of the time when and the place where the inquiry is to be held.
  3. 3. Except with the sanction of the person appointed to hold the inquiry no person other than the Board or a person who has lodged objections to the scheme which is the subject of the inquiry shall be entitled to appear or to be represented at the inquiry.
  4. 4. The person appointed to hold the inquiry may, on the motion of any party thereto, or of his own motion, require any person by notice in writing—
    1. (a) to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry; or
    2. (b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the inquiry as the person appointed to hold the inquiry may think fit and as the person so required is able to furnish.

Provided that—

  1. (i) no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and
  2. (ii) such a notice shall not require the production of plans or the furnishing of particulars prepared before the passing of this Act for the purposes of any scheme for the development of water power resources in the North of Scotland District.
  1. 5. The person appointed to hold the inquiry may administer oaths and examine witnesses 443 on oath and may accept, in lieu of evidence on oath by any person, a statement in writing by that person.
  2. 6. The inquiry shall be held in public.
  3. 7. Any person who refuses or wilfully neglects to attend in obedience to a notice issued under paragraph 4 of this Schedule, or who wilfully alters, suppresses, conceals, destroys, or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to comply with any requirement under paragraph 4 of this Schedule of the person appointed to hold the inquiry shall be liable on summary conviction to a fine not exceeding twenty pounds or to imprisonment for a period not exceeding three months.
  4. 8. The Secretary of State shall communicate to each party to the inquiry, the recommendations made by the person appointed to hold it.
  5. 9. The expenses incurred by the Secretary of State in relation to the inquiry (including such reasonable sum as the Secretary of State may determine for the services of the person appointed to hold the inquiry) shall be paid by the parties to the inquiry as the Secretary of State may order.
  6. 10. The Secretary of State may make orders as to the expenses incurred by the parties to the inquiry and as to the parties by whom such expenses shall be paid.
  7. 11. Any order by the Secretary of State under paragraph nine or paragraph ten of this Schedule requiring any party to pay expenses may be enforced in like manner as a recorded decree arbitral.—[The Solicitor-General for Scotland.]

Brought up, and read the First time.

The Solicitor-General for Scotland

I beg to move, "That the Schedule be read a Second time.

This is the Schedule to which I referred when I was moving the Amendment to Clause 24. It contains the code of rules which will apply to the holding of a local inquiry, when such an inquiry is ordered. It practically follows the rules which were set out in the English Statute of 1933, subject to slight modifications, to which I would draw the attention of the Committee. Both of them are in the proviso to paragraph 4. These seem fairly reasonable Amendments applicable to this particular case. Perhaps I should also draw the attention of the Committee to paragraph 10 of the Schedule. It enables the Secretary of State to make any person, who causes an inquiry or causes delay which perhaps is unwarranted, pay the expenses. One hopes that that will be a deterrent to frequent local inquiries being held.

Mr. Buchanan

I should like to ask about the expenses of persons attending inquiries, even below the limit of 10 miles. We can assume that expenses will be paid to important witnesses who are the servants of local authorities or big companies, but I can imagine witnesses not in that fortunate position and I would like some guidance on the matter.

The Solicitor-General for Scotland

That point would be provided for in the ordinary way, and it is not necessary to make that a condition on which the person attends. The proviso makes it clear that if a person is more than 10 miles away he need not obey the summons to attend unless he gets his expenses offered to him. If he does attend, whether he resides more than 10 miles away or not, the parties calling him will no doubt have to pay his expenses, and that will be included in the expenses which the Secretary of State may order one or other of the parties to provide for.

Question put, and agreed to.

Schedule read a Second time, and added to the Bill.

Bill reported, with Amendments; as amended, to be considered upon the next Sitting Day, and to be printed [Bill 31].