Welsh Statutory Instruments

2002 No. 2801 (W.269)

TOWN AND COUNTRY PLANNING, WALES

TRIBUNALS AND INQUIRIES, WALES

The Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (Wales) Regulations 2002

Made

12th November 2002

Coming into force

1st April 2003

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary of State by section 303A(5) of the Town and Country Planning Act 1990(1) (“the Act”) and now exercisable, in relation to Wales, by the National Assembly for Wales(2), hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (Wales) Regulations 2002 and come into force on 1st April 2003.

(2) These Regulations apply to Wales.

Persons and inquiries to which these Regulations apply

2. These Regulations apply in relation to any person appointed by the National Assembly for Wales to hold, or as one of the persons who are to hold, a qualifying inquiry, within the meaning of that term in section 303A(1) of the Act, which opens on or after the date on which these Regulations come into force.

Standard daily amount

3. The standard daily amount prescribed under section 303A(5) of the Act is:

(a)if the date on which the qualifying inquiry opens is on or after 1 April 2003 but before 1 April 2004, £520;

(b)if the date on which the qualifying inquiry opens is on or after 1 April 2004, £618.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

12th November 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, apply where the National Assembly for Wales is authorised to recover costs borne by it in connection with inquiries or other hearings relating to unitary development plans, local plans or simplified planning zones.

The Regulations specify a standard daily amount which may be charged for each day the person appointed to hold it is engaged in the conduct of the inquiry or other hearing or is otherwise engaged on work connected with it.

The amount specified is:
£520 if it opens on or after 1 April 2003 but before 1 April 2004; and
£618 if it opens on or after 1 April 2004.

(1)

1990 c. 8. Section 303A of the Town and Country Planning Act 1990 was inserted by section 1 of the Town and Country Planning Act (Costs of Inquiries etc.) Act 1995 (c. 49). See section 336(1) of the 1990 Act for the definition of “prescribed”.

(2)

The functions of the Secretary of State under the section cited were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see the entry in Schedule 1 for the Town and Country Planning Act 1990.

(3)

1998 c. 38.