SCHEDULES

C2SCHEDULE 3 Determination of Certain Appeals by Person Appointed by Secretary of State

Annotations:
Modifications etc. (not altering text)
C2

Sch. 3 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

Supplementary provisions

7

1

The M1Tribunals and Inquiries Act F11992 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in F1 section 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 an appointed person.

2

Where an appointed person is an officer of F6the Department for Levelling Up, Housing and CommunitiesF3... the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the M2Parliamentary Commissioner Act 1967—

a

if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; F4...

F4C1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23

Where an appointed person is a member of the staff of the Welsh Government, the functions of determining an appeal and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2005 F5and the Public Services Ombudsman (Wales) Act 2019 as functions of the Welsh Government.