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Town and Country Planning (Scotland) Act 1972

Status:

This is the original version (as it was originally enacted).

Local inquiries

11A commission shall, for the purpose of complying with paragraph 9 above, hold a local inquiry; and they may hold such an inquiry if they think it necessary for the proper discharge of their functions, notwithstanding that neither the applicant nor the local planning authority desire the opportunity of appearing and being beard.

12Where a commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Minister may direct that the two inquiries be held concurrently or combined as one inquiry.

13For the purposes of the Tribunals and Inquiries Act 1971 a local inquiry held by a commission—

(a)if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision; and

(b)if held in England, shall be treated as one held by the Secretary of State for the Environment in pursuance of a duty so imposed.

14(1)Subsections (4) to (9) of section 267 of this Act shall apply to a local inquiry held by a commission in Scotland as they apply to an inquiry held under that section.

(2)Subsections (2) to (5) of section 290 of the Local Government Act 1933 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a commission in England as they apply in relation to an inquiry caused to be held by a department under subsection (1) of that section, with the substitution for references to a department (other than the first reference in subsection (4)) of references to the Secretary of State for the Environment.

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