OpenLegislation

Paragraph 8

England and Wales

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

(1)

The M1Tribunals and Inquiries Act F11992 shall apply to a local inquiry or other hearing held F2in England in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in F3section 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.

F4(1A)

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

(2)

Where an appointed person is an officer of F5the 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 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; and

C1(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

Word in Sch. 6 para. 8(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 28(a)

F2

Words in Sch. 6 para. 8(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 16(3); S.I. 2017/546, art. 3(e)

F3

Words in Sch. 6 para. 8(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 28(b)

F4

Sch. 6 para. 8(1A) omitted (19.8.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 5(a)

F5

Words in Sch. 6 para. 8(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. 3(3) (with art. 7)

Marginal citations

M1

1992 c. 53.

M2

1967 c. 13.

Modifications

C1

Sch. 6 para. 8(2)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Notes on Schedule 6

Modifications

C1

Sch. 6 excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with s. 64)

C2

Sch. 6 applied (E.) (6.4.2012) by The Town and Country Planning (Tree Preservation)(England) Regulations 2012 (S.I. 2012/605), regs. 1(1), 19(5)