Paragraph 7

England and Wales

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

Sch. 3 para. 2(4A) inserted by Planning Act 2008 Sch. 10 para. 24(2)
Sch. 3 para. 2(9) inserted by Planning Act 2008 Sch. 10 para. 24(3)
Sch. 3 para. 3(4A) (4B) inserted by Planning Act 2008 Sch. 10 para. 24(4)
Sch. 3 para. 3(5) words inserted by Planning Act 2008 Sch. 10 para. 24(5)
Sch. 3 para. 6(1A) inserted by Planning Act 2008 Sch. 10 para. 24(6)
Sch. 3 para. 6(2)(a) words inserted by Planning Act 2008 Sch. 10 para. 24(7)

(1)

The M1Tribunals 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 section 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 F2the Ministry of Housing, Communities and Local Government F3... 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 M2Parliamentary 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; F4...

C1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in Sch. 3 para. 7(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 123:1), ss. 18(1), 19(2), Sch. 3 para. 32(a)(b)
F2: Words in Sch. 3 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. 4 (with art. 7)
F3: Words in Sch. 3 para. 7(2) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 33(1)(a), 41(2)
F4: Sch. 3 para. 7(2)(b) and word omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 33(1)(b), 41(2)
F5: Sch. 3 para. 7(3) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 159(d) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Marginal citations

M1: 1971 c.62.
M2: 1967 c.13.

Modifications

C1: Sch. 3 para. 7(2)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch.

Notes on Schedule 3

Modifications

C1: Sch. 3 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))