Hearings/Public Local Inquiries
In some cases the legislation gives the parties an
opportunity to request a hearing or a public inquiry, which
must then be held. In exceptional cases where significant
or complex issues are involved, the Scottish Ministers may
decide that a public inquiry is the only way to resolve a
dispute fairly.
Where an inquiry or hearing is to be held, the
arrangements have to be made some time in advance and you
and the authority will be consulted about the date. The
inquiry or hearing will be arranged by the Scottish
Executive Inquiry Reporters Unit and will be conducted by a
reporter with no more formality than is necessary for it to
be run efficiently. You may conduct your own case and do
not need to be professionally represented. As an inquiry
will be a
public local inquiry, notice of the date,
time and place has to be given in a local newspaper.
Members of the public can attend to watch the proceedings
and third parties, such as objectors, can take part.
Hearings, on the other hand normally involve only the
parties to the case and are less formal than inquiries. The
Reporter will usually have looked at any site prior to the
inquiry or hearing. If any further inspection is required
you and the authority will be entitled to accompany the
Reporter on the visit.
After an inquiry or hearing has been held the Reporter
usually submits a report to the Scottish Ministers giving a
recommended decision. The report is carefully considered
and the final decision is taken by or on behalf of the
Scottish Ministers. The Reporter may also make a
recommendation regarding an award of expenses.
The Scottish Ministers and the main parties normally
meet their own expenses. However, if one side believes
that it has been caused unnecessary expense by the
unreasonable behaviour of the other side it may in some
cases ask for full or partial recompense of its own
expenses. Determination of an appeal may also be delegated
to a Reporter, where the relevant legislation permits.
Scottish Ministers Role
The aim is to reach a decision on the issues and to
inform the parties by writing to them within 10 weeks of
receiving the Reporter's report in 90% of cases. On more
complex cases the target is 20 weeks.