Section 38 Power to require plan-making authority to pay costs of independent examinationI1

England and Wales Not yet in force

(1)

This section applies where the Welsh Ministers appoint an inspector to carry out an independent examination of a plan under this Chapter.

(2)

The Welsh Ministers may require the plan-making authority to pay the costs incurred by the Welsh Ministers in relation to the examination (or so much of those costs as the Welsh Ministers may require).

(3)

The Welsh Ministers may certify the amount of their costs; and an amount they certify and require the plan-making authority to pay is recoverable from the authority as a civil debt.

(4)

The costs incurred by the Welsh Ministers in relation to an independent examination include—

(a)

the entire administrative cost incurred by the Welsh Ministers in connection with the examination, including in particular a reasonable amount that they determine in respect of general staff costs and overheads of the Welsh Government;

(b)

costs in respect of an examination that does not take place.

(5)

Regulations may specify a standard daily amount for independent examinations of a specified description.

(6)

Where an inspector is appointed to carry out an independent examination of a specified description, the costs incurred by the Welsh Ministers are to be taken to be—

(a)

the standard daily amount for each day (or an appropriate proportion of that amount for a part of a day) on which the inspector is engaged in carrying out the examination or on work connected with it,

(b)

costs actually incurred on travelling or subsistence allowances payable to or for the inspector in connection with the examination,

(c)

costs attributable to the appointment of an assessor to assist the inspector, and

(d)

any other costs attributable to the appointment of the inspector.

(7)

In this section “specified” means specified in regulations.

Annotations

Commencement

I1: S. 38 not in force at Royal Assent, see s. 409(2)