Explanatory note

(This note is not part of the Order)

This Order brings into force on 17th November 1988 section 42 of the Housing and Planning Act 1986 (together with consequential repeals). This section relates to a Minister’s costs in connection with statutory inquiries under—

(a)

section 250(4) of the Local Government Act 1972 (general provisions as to costs of inquiries),

(b)

section 96(5) of the Land Drainage Act 1976 (cost of inquiry under that Act),

(c)

section 129(1)(d) of the Road Traffic Regulation Act 1984 (costs of inquiry under that Act),

(d)

paragraph 9(2) of Schedule 22 to the Housing Act 1985 (c. 68) (costs of inquiry in connection with acquisition of land for clearance),

(e)

any other statutory provision to which the section is applied by order of the Minister.

Section 42 enables the Minister to recover the entire administrative cost of an inquiry (including one which does not in the event take place) and specifies the basis on which such costs may be recovered. It also enables the Minister to make regulations prescribing a standard daily amount chargeable for each day on which the inquiry sits or the person appointed to hold it is otherwise engaged on related work (see the Fees for Inquiries (Standard Daily Amount) Regulations 1988 (S.I. 1988/1788)).