Town and Country Planning (Costs of Inquiries etc.) Act 1995

3 Costs of holding certain Scottish inquiries etc

(1) The [1972 c. 52.] Town 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.