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(introduced by section 51)

SCHEDULE 5E+WCOSTS AND PROCEDURE ON APPEALS ETC: FURTHER AMENDMENTS

Highways Act 1980 (c. 66)E+W

1The Highways Act 1980 is amended as follows.

Commencement Information

I1Sch. 5 para. 1 partly in force; Sch. 5 para. 1 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2Sch. 5 para. 1 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

2(1)Section 121 is amended as follows.E+W

(2)In subsection (5D), after “above” insert “ in England ”.

(3)In subsection (5E), after “above” insert “ in England ”.

(4)After subsection (5E) insert—

(5F)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under subsection (5A) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Commencement Information

I3Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I4Sch. 5 para. 2 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

3In Schedule 6, in paragraph 2B—

(a)in sub-paragraph (1), after “above” insert “ in England ”;

(b)in sub-paragraph (3), after “above” insert “ in England ”;

(c)after sub-paragraph (3) insert—

(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Commencement Information

I5Sch. 5 para. 3 partly in force; Sch. 5 para. 3 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I6Sch. 5 para. 3 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

Wildlife and Countryside Act 1981 (c. 69)E+W

4The Wildlife and Countryside Act 1981 is amended as follows.

Commencement Information

I7Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I8Sch. 5 para. 4 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

5In section 28F, after subsection (11) insert—

(12)In relation to Wales this section has effect as if for subsections (10) and (11) there were substituted—

(10)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Commencement Information

I9Sch. 5 para. 5 partly in force; Sch. 5 para. 5 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I10Sch. 5 para. 5 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

6In section 28L, after subsection (13) insert—

(14)In relation to Wales this section has effect as if for subsections (12) and (13) there were substituted—

(12)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under this section in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Commencement Information

I11Sch. 5 para. 6 partly in force; Sch. 5 para. 6 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I12Sch. 5 para. 6 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

7In Schedule 15, in paragraph 10A—

(a)in sub-paragraph (1), after “8” insert “ in England ”;

(b)in sub-paragraph (3), after “8” insert “ in England ”;

(c)after sub-paragraph (3) insert—

(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under paragraph 7 or 8 in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

Commencement Information

I13Sch. 5 para. 7 partly in force; Sch. 5 para. 7 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I14Sch. 5 para. 7 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

Town and Country Planning Act 1990 (c. 8)E+W

8TCPA 1990 is amended as follows.

Commencement Information

I15Sch. 5 para. 8 partly in force; Sch. 5 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I16Sch. 5 para. 8 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

9In section 175, in subsection (7), after “any proceedings” insert “ in England ”.

Commencement Information

I17Sch. 5 para. 9 partly in force; Sch. 5 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I18Sch. 5 para. 9 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

10In section 196, in subsection (8), after “any proceedings” insert “ in England ”.

Commencement Information

I19Sch. 5 para. 10 partly in force; Sch. 5 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I20Sch. 5 para. 10 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

11In section 208, omit subsection (11).

Commencement Information

I21Sch. 5 para. 11 partly in force; Sch. 5 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I22Sch. 5 para. 11 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

12(1)Section 320 is amended as follows.E+W

(2)In subsection (1)—

(a)after “Secretary of State” insert “ or the Welsh Ministers ”;

(b)after “his” insert “ or their ”.

(3)In subsection (2), for “held by virtue of this section” substitute “ caused 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 ”.

(4)In subsection (3), for “held in England” substitute “ caused to be held by the Secretary of State ”.

Commencement Information

I23Sch. 5 para. 12 partly in force; Sch. 5 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I24Sch. 5 para. 12 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

13(1)Section 322 is amended as follows.E+W

(2)Omit subsection (1AA).

(3)In subsection (2), after “proceedings” insert “ in England ”.

(4)In the heading, after “held” insert ”: England”.

Commencement Information

I25Sch. 5 para. 13 partly in force; Sch. 5 para. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I26Sch. 5 para. 13 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

14(1)Section 322A is amended as follows.E+W

(2)In subsection (1)(a), after “proceedings” insert “ in England ”.

(3)Omit subsection (1B).

Commencement Information

I27Sch. 5 para. 14 partly in force; Sch. 5 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I28Sch. 5 para. 14 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

15(1)Section 323 is amended as follows.E+W

(2)In subsection (1), after “proceedings” insert “ in England ”.

(3)Omit subsection (1B).

(4)In the heading, after “applications” insert “ : England ”.

Commencement Information

I29Sch. 5 para. 15 partly in force; Sch. 5 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I30Sch. 5 para. 15 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

16(1)Schedule 6 is amended as follows.E+W

(2)In paragraph 6—

(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;

(b)after sub-paragraph (4) insert—

(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.;

(c)in sub-paragraph (5), after “proceedings” insert “ in England ”.

(3)In paragraph 8, in sub-paragraph (1), after “hearing held” insert “ in England ”.

Commencement Information

I31Sch. 5 para. 16 partly in force; Sch. 5 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I32Sch. 5 para. 16(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(b) (with art. 17)

I33Sch. 5 para. 16(1)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

I34Sch. 5 para. 16(2) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(b) (with art. 17)

17In Schedule 7, in paragraph 8—

(a)in sub-paragraph (6), after “hearing held” insert “ in England ”;

(b)after sub-paragraph (6) insert—

(6A)The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority.

Commencement Information

I35Sch. 5 para. 17 partly in force; Sch. 5 para. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I36Sch. 5 para. 17 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

18In Schedule 8, in paragraph 5—

(a)in sub-paragraph (3), after “inquiry held” insert “ in England ”;

(b)after sub-paragraph (3) insert—

(3ZA)The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission.;

(c)in sub-paragraph (4), after “sub-paragraph (1)” insert “ in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, ”.

Commencement Information

I37Sch. 5 para. 18 partly in force; Sch. 5 para. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I38Sch. 5 para. 18 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(c) (with art. 17)

I39Sch. 5 para. 18 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)E+W

19The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

Commencement Information

I40Sch. 5 para. 19 partly in force; Sch. 5 para. 19 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I41Sch. 5 para. 19 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(d) (with art. 17)

I42Sch. 5 para. 19 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

20In section 41, in subsection (8), after “any proceedings” insert “ in England ”.

Commencement Information

I43Sch. 5 para. 20 partly in force; Sch. 5 para. 20 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I44Sch. 5 para. 20 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(e) (with art. 17)

21(1)Section 89 is amended as follows.E+W

(2)In subsection (1)—

(a)in the entry relating to section 322, after “held” insert “ : England ”;

(b)after the entry relating to section 322A, insert— “ section 322C (costs: Wales), ”;

(c)in the entry relating to section 323, after “applications” insert “ : England ”;

(d)after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ”.

(3)Omit subsection (1ZB).

Commencement Information

I45Sch. 5 para. 21 partly in force; Sch. 5 para. 21 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I46Sch. 5 para. 21(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(f) (with art. 17)

I47Sch. 5 para. 21(1)(2)(c)(d)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

I48Sch. 5 para. 21(2)(a)(b) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(f) (with art. 17)

22In Schedule 3, in paragraph 6—

(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;

(b)after sub-paragraph (4) insert—

(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.;

(c)in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ”;

(d)in sub-paragraph (8), after “proceedings” insert “ in England ”.

Commencement Information

I49Sch. 5 para. 22 partly in force; Sch. 5 para. 22 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I50Sch. 5 para. 22 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(g) (with art. 17)

Planning (Hazardous Substances) Act 1990 (c. 10)E+W

23The Planning (Hazardous Substances) Act 1990 is amended as follows.

Commencement Information

I51Sch. 5 para. 23 partly in force; Sch. 5 para. 23 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I52Sch. 5 para. 23 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(h) (with art. 17)

I53Sch. 5 para. 23 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

24In section 25, in subsection (5), after “any proceedings” insert “ in England ”.

Commencement Information

I54Sch. 5 para. 24 partly in force; Sch. 5 para. 24 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I55Sch. 5 para. 24 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(i) (with art. 17)

25(1)Section 37 is amended as follows.E+W

(2)In subsection (2)—

(a)in the entry relating to section 322, after “held” insert “ : England ”;

(b)after the entry relating to section 322A, insert— “ section 322C (costs: Wales) ”;

(c)in the entry relating to section 323, after “applications” insert “ : England ”;

(d)after the entry relating to section 323, insert— “ section 323A (procedure for certain proceedings: Wales) ”.

(3)Omit subsection (4).

Commencement Information

I56Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I57Sch. 5 para. 25(1)(2)(a)(b) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(j) (with art. 17)

I58Sch. 5 para. 25(2)(c)(d)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

26In the Schedule, in paragraph 6—

(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;

(b)after sub-paragraph (4) insert—

(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.”;;

(c)in sub-paragraph (5), for “such inquiry” substitute “ inquiry held by virtue of this paragraph ”;

(d)in sub-paragraph (8), after “proceedings” insert “ in England ”.

Commencement Information

I59Sch. 5 para. 26 partly in force; Sch. 5 para. 26 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I60Sch. 5 para. 26 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(k) (with art. 17)

Tribunals and Inquiries Act 1992 (c. 53)E+W

27In section 16 of the Tribunals and Inquiries Act 1992, in subsection (1), in the definition of “statutory inquiry”, after paragraph (b) insert— “ but does not include an inquiry or hearing held or to be held in Wales under any provision of the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990, ”.

Commencement Information

I61Sch. 5 para. 27 partly in force; Sch. 5 para. 27 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I62Sch. 5 para. 27 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)