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Paragraph 1A Power to appoint inspectorF1F2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A confirming authority may appoint a person (“an inspector”) to exercise the functions of the confirming authority in relation to an application made to it under paragraph 1(2).

(2)

Where a confirming authority appoints an inspector under sub-paragraph (1), the confirming authority must inform—

(a)

the acquiring authority, and

(b)

the person who made the application.

(3)

A decision by an inspector as to whether the conditions in paragraph 1(3) are met is to be treated as a decision by the confirming authority.

(4)

A direction under paragraph 1(2) made by an inspector is to be treated as a direction of the confirming authority.

(5)

The confirming authority may at any time—

(a)

revoke its appointment of an inspector, and

(b)

appoint another inspector.

(6)

If the confirming authority revokes its appointment of an inspector while the inspector is exercising functions in relation to an application made under paragraph 1(2) and does not replace the inspector, the confirming authority must give the reasons for doing so—

(a)

to the inspector whose appointment has been revoked, and

(b)

to all those informed under sub-paragraph (2).

(7)

Where in any enactment there is a provision that applies in relation to a confirming authority exercising functions in relation to an application under paragraph 1(2), that provision is to be read as applying equally in relation to an inspector so far as the context permits.

Annotations

Textual amendments

F1

Sch. 2A inserted (31.3.2024 for W. for specified purposes, 30.4.2024 for E.) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 190(2)(c), 255(7) (with s. 247); S.I. 2024/92, reg. 4 (with reg. 6(6)); S.I. 2024/389, reg. 2(l)

F2

Sch. 2A para. 1A and cross-heading inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 114(3), 118(5)(h) (with s. 116)