Pipe-Lines Act 1962

47 Provisions as to inquiries and hearings.E+W+S

(1)Subsections (2) to (5) of [F1section 250 of the M1Local Government Act 1972] (which provides for the holding of inquiries for the purposes of that Act), shall apply to a public inquiry caused by the Minister to be held in England or Wales under any provision of this Act . . . F2 as they apply to an inquiry held under the said [F1section 250], subject to the following modifications, namely,—

(a)for references to a department, there shall be substituted references to the Minister;

(b)subsection (4) shall have effect as if references therein to the payment of costs by a local authority not being a party to the inquiry had been omitted;

and subsections (4) and (5) of the said [F1section 250] shall, with the like modifications, apply in relation to any hearing caused by the Minister to take place in England or Wales in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . F2 ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid.

(2)Subsections (2) to (9) of [F3section 210 of the M2Local Government (Scotland) Act 1973] (which relates to local inquiries), shall apply to a public inquiry caused by the Minister to be held in Scotland under any provision of this Act . . . F2 as they apply to a public inquiry held under the said [F3section 210], subject to the following modification, namely, that [F3subsection (7)] shall have effect as if references therein to the payment of expenses by a local authority not being a party to the inquiry had been omitted; and [F3subsections (7) and (8) of the said section 210] shall, with (in the case of [F3subsection (7)]) the like modification, apply in relation to any hearing caused by the Minister to take place in Scotland in pursuance of any provision of this Act (otherwise than by way of public inquiry . . . F2 ) as if the hearing were a public inquiry caused by the Minister to be held as aforesaid.

(3)It shall not be open to a person to impugn the validity of a pipe-line construction F4. . . authorisation on the ground that an inquiry or hearing under the First Schedule to this Act with respect to . . . F5 the application for the grant of the authorisation was combined with an inquiry or hearing under the Second Schedule to this Act with respect to . . . F5 an application made, by the applicant for the grant of the authorisation, for a compulsory purchase order or compulsory rights order, or to impugn the validity of a compulsory purchase order or compulsory rights order on the ground that an inquiry or hearing under the Second Schedule to this Act with respect to . . . F5 the application for the order was combined with an inquiry or hearing under the First Schedule to this Act with respect to . . . F5 an application made, by the applicant for the order, for the grant of a pipe-line construction F4. . .authorisation.