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

Welsh Statutory Instruments

2011 No. 2415 (W.261)

TRIBUNALS AND INQUIRIES, WALES

TOWN AND COUNTRY PLANNING, WALES

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

Made

3 October 2011

Laid before the National Assembly for Wales

4 October 2011

Coming into force

1 April 2012

The Welsh Ministers make the following Regulations in exercise of the powers conferred:

(a)

by section 42(4) of the Housing and Planning Act 1986 (“the 1986 Act”)(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 Welsh Ministers(4);

(b)

upon the Secretary of State by section 303A(5) of the Town and Country Planning Act 1990 (“the 1990 Act”)(5) and now exercisable, in relation to the areas of certain local planning authorities within Wales by the Welsh Ministers(6); and

(c)

upon the National Assembly, as the appropriate authority, by section 303A(5) of the 1990 Act(7) which powers are now exercisable by the Welsh Ministers(8).

(1)

1986 c. 63.

(2)

Section 42(1)(b) was repealed by Part 1 of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and section 42(1)(d) was repealed by Part 2 of Schedule 12 to the Local Government and Housing Act 1989 (c. 42).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Regulation Act 1984 (c. 27) (costs of inquiry under that Act), referred to in section 42(1)(c) of the 1986 Act, was repealed by Schedule 3 to the Inquiries Act 2005 (c. 12).

(3)

Section 69(7) of the Land Drainage Act 1991 (c. 59) (“the 1991 Act”) provides that section 42 of the 1986 Act applies where either of “the Ministers” is authorised by section 69(5) of the 1991 Act to recover costs incurred by that Minister in relation to an inquiry held by the Minister as it applies where a Minister is authorised by virtue of any enactment specified in section 42(1) of the 1986 Act. 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” i.e. the Secretary of State or the Minister of Agriculture, Fisheries and Food.transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(4)

The functions under section 42 of the 1986 Act were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 (W.5)) to be exercised in relation to Wales concurrently with any Minister of the Crown. The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(5)

1990 c. 8. Section 303A was inserted into the 1990 Act by section 1(1) of the Town and Country Planning (Costs of Inquiries etc.) Act 1995 (c. 49) which was itself repealed by the Statute Law (Repeals) Act 2008 (c. 12).

(6)

The functions under section 303A(5) of the 1990 Act were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as varied by the National Assembly for Wales (Transfer of Functions) Order 2000 article 4. The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.

(7)

Section 303A(5) was amended in relation to the areas of certain planning authorities within Wales by section 118(1) of, and paragraph 11 of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 (c. 5).

(8)

The functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006.