Paragraph 7 I1

England and Wales

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

Sch. para. 6(2)(a) words inserted by Planning Act 2008 Sch. 10 para. 30(7)
Sch. para. 2(4A) inserted by Planning Act 2008 Sch. 10 para. 30(2)
Sch. para. 2(9) inserted by Planning Act 2008 Sch. 10 para. 30(3)
Sch. para. 3(4A) (4B) inserted by Planning Act 2008 Sch. 10 para. 30(4)
Sch. para. 3(5) words inserted by Planning Act 2008 Sch. 10 para. 30(5)
Sch. para. 6(1A) inserted by Planning Act 2008 Sch. 10 para. 30(6)
Sch. para. 6(3)(a) words inserted by Planning Act 2008 Sch. 10 para. 30(7)
Sch. para. 8(6) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 254

(1)

The Tribunals and Inquiries Act F11992 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in F2section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.

(2)

Where an appointed person is an officer of F3the Ministry of Housing, Communities and Local Government or the Welsh Office the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the M1Parliamentary Commissioner Act 1967—

(a)

if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; and

(b)

if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 7(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 127), ss. 18(1), 19(2), Sch. 3 para. 34(a)
F2: Words in Sch. para. 7(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 127), ss. 18(1), 19(2), Sch. 3 para. 34(b)
F3: Words in Sch. para. 7(2) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 5 (with art. 7)

Marginal citations

M1: 1967 c. 13.

Commencement

I1: Sch. para. 7 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; Sch. para. 7 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2