Commentary on Sections Examining applications Section 47 – Power of examining authority to hold local inquiry
126.Section 47 allows an examining authority to hold a local inquiry for the purposes of examining an application.
127.The examining authority may, by summons, require any person to attend an inquiry in accordance with the requirements specified in the summons and to give evidence, and require any person to produce any documents which relate to any matter in question at the inquiry.
128.The summons must specify the time and place at which the person is required to attend. However, the person is not required to attend unless their expenses for attending are paid or offered to them.
129.Where a person refuses or deliberately fails to comply with a requirement of a summons or deliberately alters, suppresses, conceals or destroys a document they are required to produce, they will have committed an offence and can be tried in the Magistrates Court or in the Crown Court. If found guilty, they will be liable to an unlimited fine.
130.The examining authority holding the inquiry may also administer oaths and take evidence on oath.