Section 11 Inquiries, etc. with respect to local plans.C1
Scotland
For the purpose of considering objections made to a local plan the . . . F1 planning authority may, and shall F2if in the case of objections so made in accordance with regulations under this Act F3an objector so requires, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Act, by the authority themselves, and—
subsections (4) to (6) of section 267 of this Act shall apply to an inquiry held under this section as they apply to an inquiry held under that section;
the M1Tribunals and Inquiries Act F41992 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in F5section 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 a local authority.
The planning authority shall—
where a person appointed under or by virtue of this section is in the public service of the Crown, pay the Secretary of State; and
in any other case, pay the person so appointed,
a sum, determined in accordance with regulations under subsection (1B) below, in respect of the performance by the person so appointed of his functions in relation to the inquiry or hearing (whether or not it takes place).
Regulations made by the Secretary of State may make provision with respect to the determination of the sum referred to in subsection (1A) above and may in particular prescribe, in relation to any class of person appointed under or by virtue of this section, a standard daily amount applicable in respect of each day on which a person of that class is engaged in holding, or in work connected with, the inquiry or hearing.
Without prejudice to the generality of subsection (1B) above, the Secretary of State may, in prescribing by virtue of that subsection a standard daily amount for any class of person—
where the persons of that class are in the public service of the Crown, have regard to the general staff costs and overheads of his department; and
in any other case, have regard to the general administrative costs incurred by persons of that class in connection with the performance by them of their functions in relation to such inquiries and hearings.
Regulations made for the purposes of subsection (1) of this section may—
make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Secretary of State to direct a . . . planning authority to appoint a particular person, or one of a specified list or class of persons;
make provision with respect to the F7. . . allowances of a person appointed for the said purpose.
Annotations
Textual amendments
- F1
Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
- F2
Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 38(a)
- F3
Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 38(b)
- F4
Word in s. 11(1)(b) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 4(a)
- F5
Words in s. 11(1)(b) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 4(b)
- F6
S. 11(1A)-(1C) inserted (8.11.1995 with effect in relation to the performance of functions in relation to inquiries or hearings before as well as after 8.11.1995) by 1995 c. 49, s. 3(2)(a)(4)
- F7
Words in s. 11(2)(b) omitted (8.11.1995 with effect in relation to the performance of functions in relation to inquiries or hearings before as well as after 8.11.1995) by virtue of 1995 c. 49, s. 3(2)(b)(4)
Marginal citations
- M1
Modifications
- C1
S. 11: power to modify conferred (8.11.1995) by 1995 c. 49, s. 4(3)
- C2
S. 11(1A) amended (temp. from 8.11.1995) by 1995 c. 49, s. 3(5)(b)
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Part II
Modifications
- C1
Pt. II amended by Local Government (Scotland) Act 1973 (c. 65), s. 174(1)