OpenLegislation

Section 320 Local inquiries.C2C1

England and Wales

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

(1)

The Secretary of State F1or the Welsh Ministers may cause a local inquiry to be held for the purposes of the exercise of any of his F2or their functions under any of the provisions of this Act.

(2)

Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry F3caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers.

F4(3)

In its application by subsection (2) to an inquiry F5caused to be held by the Secretary of State, section 250(4) of that Act has effect as if—

(a)

after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

(b)

after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

Annotations

Textual amendments

F1

Words in s. 320(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(2)(a); S.I. 2016/52, art. 4(a) (with art. 17)

F2

Words in s. 320(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(2)(b); S.I. 2016/52, art. 4(a) (with art. 17)

F3

Words in s. 320(2) substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(3); S.I. 2016/52, art. 4(a) (with art. 17)

F4

S. 320(3) inserted (1.10.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 2(1), 35(1); S.I. 2013/2143, art. 2(b)

F5

Words in s. 320(3) substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 12(4); S.I. 2016/52, art. 4(a) (with art. 17)

Marginal citations

M1

1972 c. 70.

Modifications

C1

S. 320: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3

C2

S. 320 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1)