2011 No. 2415 (W.261)
The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2011
Made
Laid before the National Assembly for Wales
Coming into force
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 applied3 to recover costs incurred by the Minister in relation to an inquiry, which powers are now exercisable by the Welsh Ministers4;
- 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 Ministers6; and
- c
upon the National Assembly, as the appropriate authority, by section 303A(5) of the 1990 Act7 which powers are now exercisable by the Welsh Ministers8.
Title, commencement and application1
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.
Interpretation2
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 19729 (general provision as to costs of inquiries) or section 69(5) of the Land Drainage Act 199110(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 200511 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 Act12 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 apply3
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 inquiries4
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 inquiries5
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 procedures6
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 savings7
The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 200713 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.
(This note is not part of the Regulations)