The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2007

Welsh Statutory Instruments

2007 No. 728 (W.64)

TRIBUNALS AND INQUIRIES, WALES

TOWN AND COUNTRY PLANNING, WALES

The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2007

Made

6 March 2007

Coming into force

1 April 2007

The National Assembly for Wales (“the National Assembly”) makes the following Regulations in exercise of the powers conferred—

(a)

by section 42(4) of the Housing and Planning Act 1986(1) on any Minister authorised, under or by virtue of those statutory provisions specified in section 42(1)(2) of that Act or to which that section is applied(3), to recover costs incurred by the Minister in relation to an inquiry, which powers are now exercisable by the National Assembly(4) in relation to Wales;

(b)

upon the Secretary of State by section 303A(5) of the Town and Country Planning Act 1990 (“the 1990 Act”)(5) as inserted into the 1990 Act by section 1(1) of the Town and Country Planning (Costs of Inquiries etc) Act 1995(6) and now exercisable, in relation to the areas of certain local planning authorities within Wales(7), by the National Assembly(8); and

(c)

upon the National Assembly, as the appropriate authority, by section 303A(5) of the 1990 Act as amended in relation to the areas of certain local planning authorities within Wales(9) by section 118(1) of, and paragraph 11 of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”)(10).

(1)

1986 c. 63.

(2)

Section 42(1)(b) was repealed by Part I of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and section 42(1)(d) was repealed by Part II of Schedule 12 to the Local Government and Housing Act 1989 (c. 42). Section 129(1)(d) of the Road Traffic Regulation Act 1984 (c. 27) (costs of inquiry under that Act), to which section 42(1)(c) of the Housing and Planning Act 1986 refers, was repealed by Schedule 3 to the Inquiries Act 2005 (c. 12).

(3)

Section 69(7) of the Land Drainage Act 1991 (c. 59) provides that section 42 of the Housing and Planning Act 1986 applies where either of “the Ministers” is duly authorised to recover costs incurred by that Minister as it applies where a Minister is so authorised by virtue of any enactment specified in section 42(1) of the 1986 Act. Section 69(5) of the 1991 Act authorises either of “the Ministers”, i.e. the Secretary of State or the Minister of Agriculture, Fisheries and Food (see section 72(1) of the 1991 Act and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) for the definition of “the Ministers”) to recover costs incurred by that Minister in relation to an inquiry held by the Minister. The powers of the Secretary of State were transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(4)

Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 (W.5)) provides for the powers of a Minister under section 42 of the Housing and Planning Act 1986 to be exercisable, in relation to Wales, by the National Assembly for Wales concurrently with any Minister of the Crown by whom they are exercisable.

(5)

1990 c. 8.

(6)

1995 c. 49.

(7)

See the footnote to the definition of “qualifying inquiry” in regulation 2.

(8)

The relevant functions of the Secretary of State were transferred, so far as exercisable in relation to Wales, to the National Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and are now exercisable by the National Assembly pursuant to the National Assembly for Wales (Transfer of Functions) Order 2000, article 4; see the entry for the 1990 Act in Schedule 3 to the 2000 Order.

(9)

See the footnote to the definition of “qualifying inquiry” in regulation 2.

(10)

2004 c. 5.