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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Paragraph 6 is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 82(1)(aa)-(ad) inserted by 2006 asp 17 s. 55(5)
6(1)Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—S
(a)may hold a local inquiry in connection with the appeal, and
(b)shall do so if the Secretary of State so directs.
(2)Where an appointed person—
(a)holds a hearing F1..., or
(b)holds an inquiry by virtue of this paragraph,
an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.
(3)Subject to sub-paragraph (4), the expenses of any such hearing or inquiry shall be paid by the Secretary of State.
(4)Subsections (4) to (13) of section 265 of the principal Act apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.
(5)The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.
(6)For the purposes of this paragraph, references to the Minister in subsections (9) and (12) of that section shall be read as references to the appointed person.
[F2(7)Subsections (2) to (13) of section 265A of the principal Act apply to the holding of an inquiry under this paragraph as they apply to the holding of an inquiry under section 265 of that Act.]
Textual Amendments
F1Words in Sch. 3 para. 6(2)(a) repealed (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 21(b)(iii), 33(2); S.S.I. 2011/372, art. 2, sch.
F2Sch. 3 para. 6(7) inserted (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 91(2) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 3
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