- Latest available (Revised)
- Point in Time (08/11/1995)
- Original (As enacted)
Version Superseded: 27/05/1997
Point in time view as at 08/11/1995. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Town and Country Planning (Costs of Inquiries etc.) Act 1995 (repealed), Section 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The M1Town and Country Planning (Scotland) Act 1972 (in this Act referred to as “the 1972 Act”) shall be amended as follows.
(2)In section 11 (inquiries etc. with respect to local plans)—
(a)after subsection (1) there shall be inserted—
“(1A)The planning authority shall—
(a)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
(b)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).
(1B)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.
(1C)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—
(a)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
(b)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.”; and
(b)in subsection (2)(b), the words “remuneration and” shall be omitted.
(3)In paragraph 7 of Schedule 6A (inquiries etc. with respect to simplified planning zones)—
(a)after sub-paragraph (3) there shall be inserted—
“(3A)The planning authority shall—
(a)where a person appointed under or by virtue of this paragraph is in the public service of the Crown, pay the Secretary of State; and
(b)in any other case, pay the person so appointed,
a sum, determined in accordance with regulations under sub-paragraph (3B) 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).
(3B)Regulations made by the Secretary of State may make provision with respect to the determination of the sum referred to in sub-paragraph (3A) above and may in particular prescribe, in relation to any class of person appointed under or by virtue of this paragraph, 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.
(3C)Without prejudice to the generality of sub-paragraph (3B) above, the Secretary of State may, in prescribing by virtue of that sub-paragraph a standard daily amount for any class of person—
(a)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
(b)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.”; and
(b)in sub-paragraph (4)(c), the words “remuneration and” shall be omitted.
(4)The amendments made by subsections (2) and (3) above shall have effect in relation to the performance of functions in relation to inquiries or hearings before as well as after the passing of this Act.
(5)Until the coming into force of the first regulations under section 11(1B) of, or as the case may be paragraph 7(3B) of Schedule 6A to, the 1972 Act—
(a)the Secretary of State—
(i)may, subject to subsection (6) below, determine, in relation to any class of person appointed under or by virtue of that section or, as the case may be, that paragraph, the 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; and
(ii)shall notify the applicable standard daily amount to the planning authority causing the inquiry or hearing to be held; and
(b)the sum payable by the planning authority under section 11(1A) or, as the case may be, paragraph 7(3A) shall be determined by reference to the applicable standard daily amount determined under paragraph (a)(i) above.
(6)In determining under subsection (5)(a)(i) above the standard daily amount for any class of person, the Secretary of State may—
(a)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
(b)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.
Marginal Citations
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: