The Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 2780 (W.264)

TRIBUNALS AND INQUIRIES, WALES

The Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002

Made

8th November 2002

Coming into force

29th November 2002

The National Assembly for Wales, in exercise of the powers conferred 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) of that Act or to which that section is applied(2), to recover costs incurred by the Minister in relation to an inquiry, which powers are now exercisable by the National Assembly for Wales(3) in relation to Wales, hereby makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002 and come into force on the 29th November 2002.

(2) These Regulations apply to Wales.

Inquiries to which these Regulations apply

2.  These Regulations apply to inquiries in relation to which the National Assembly for Wales is entitled to recover its costs under or by virtue of the following provisions, namely—

(a) section 250(4) of the Local Government Act 1972(4) (general provisions as to costs of inquiries),

(b) section 129(1)(d) of the Road Traffic Regulation Act 1984(5) (costs of an inquiry under that Act),

(c) section 69(5) of the Land Drainage Act 1991(6) (costs of an inquiry under that Act),

if the inquiry opens on or after the date on which these Regulations come into force.

Standard daily amount

3.  The standard daily amount prescribed under section 42(4) of the Housing and Planning Act 1986 for inquiries to which these Regulations apply is—

(a) if the inquiry opens before 1 April 2003, £566; and

(b) if the inquiry opens on or after 1 April 2003, £645.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7)

Rhodri Morgan

First Minister of the National Assembly

8th 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 under or by virtue of specified provisions to recover its costs in connection with the holding of an inquiry under certain enactments, namely:

(a) the Local Government Act 1972;

(b) the Road Traffic Regulation Act 1984; and

(c) the Land Drainage Act 1991.

They specify a standard amount which may be charged for each day on which the inquiry sits or the person appointed to hold it is otherwise engaged on work connected with it. The amount is £566 if the inquiry opens on or after the day when these Regulations come into force (29 November 2002) but before 1 April 2003 and £645 if the inquiry opens on or after 1 April 2003.

(1)

1986 c. 63. 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).

(2)

Section 69(7) of the Land Drainage Act 1991 provides that section 42 of the Housing and Planning Act 1986 shall apply 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 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).

(3)

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

(4)

1972 c. 70.

(5)

1984 c. 27.

(6)

1991 c. 59.

(7)

1998 c. 38.