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The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2011

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Title, commencement and application

1.—(1) The title of these Regulations is the Local Inquiries Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2011 and they come into force on 1 April 2012.

(2) These Regulations apply in relation to Wales.

Interpretation

2.  In these Regulations—

“local inquiry” (“ymchwiliad lleol”) means an inquiry in relation to which the Welsh Ministers are entitled to recover their costs under or by virtue of section 250(4) of the Local Government Act 1972(1) (general provision as to costs of inquiries) or section 69(5) of the Land Drainage Act 1991(2)(costs of an inquiry under that Act);

“qualifying inquiry” (“ymchwiliad cymwys”) means a qualifying inquiry within the meaning of that term in section 303A(1) of the 1990 Act (insofar as that section continues to have effect without the amendment inserted by section 118 of, and paragraph 11(2) of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”)) and held in relation to the area of a local planning authority in respect of which the provisions set out in Schedule 2 to the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005(3) continue to have effect in accordance with article 3(3) of that Order;

“qualifying procedure” (“gweithdrefn gymwys”) means a qualifying procedure within the meaning of that term in section 303A(1A) of the 1990 Act(4) and held in relation to the area of a local planning authority in respect of which the repeals set out in Schedule 1 to the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 have effect in accordance with article 2(g) of that Order.

Persons, inquiries and procedures to which these Regulations apply

3.  These Regulations apply in relation to—

(a)a local inquiry; and

(b)any person appointed by the Welsh Ministers to hold, or as one of the persons so appointed who are to hold, a qualifying inquiry; and

(c)any person appointed by the Welsh Ministers to hold a qualifying procedure.

Standard daily amount for local inquiries

4.  The standard daily amount prescribed pursuant to section 42(4) of the 1986 Act for a local inquiry opening on or after 1 April 2012 is £742.

Standard daily amount for qualifying inquiries

5.  The standard daily amount prescribed pursuant to section 303A(5) of the 1990 Act for a qualifying inquiry opening on or after 1 April 2012 is £679.

Standard daily amount for qualifying procedures

6.  The standard daily amount prescribed pursuant to section 303A(5) of the 1990 Act for a qualifying procedure opening on or after 1 April 2012 is £679.

Revocations and savings

7.  The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2007(5) are revoked, otherwise than in relation to an inquiry to which those Regulations applied and which opened before, and remains open after 1 April 2012 and in relation to a qualifying procedure which started before, and remains ongoing after 1 April 2012.

John Griffiths

Minister for Environment and Sustainable Development, one of the Welsh Ministers

3 October 2011

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