Explanatory note

Section 321 of the Town and Country Planning Act 1990 provides that all planning inquiries are to be held in public except where the Secretary of State otherwise directs on the grounds of national security. Section 321 (as amended by section 80(1) of the Planning and Compulsory Purchase Act 2004 (c. 5)) makes provision for the appointment of persons (“appointed representatives”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if such a direction is given. Paragraph 6 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended by section 80(3) of the 2004 Act) and paragraph 6 of the Schedule to the Planning (Hazardous Substances) Act 1990 (as amended by section 80(4) of the 2004 Act) make similar provision in respect of those Acts.

These Rules make provision as to the procedure to be followed by the Secretary of State when he is considering giving a national security direction, including provisions on publicity (rule 6), written representations (rule 8), hearings (rules 9 and 10) and notification of his decision (rule 14). The Rules also set out the functions of appointed representatives (rule 4).

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the public sector.