Modifications etc. (not altering text)
C1Sch. 3 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
7(1)The M1Tribunals and Inquiries Act [F11992] shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in [F1 section 10(1)] of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.E+W
(2)Where an appointed person is an officer of [F2the Department for Levelling Up, Housing and Communities] F3... the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the M2Parliamentary Commissioner Act 1967—
(a)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; F4...
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(3)Where an appointed person is a member of the staff of the Welsh Government, the functions of determining an appeal and doing anything in connection with it conferred on the person by this Schedule are to be treated for the purposes of the Public Services Ombudsman (Wales) Act 2005 [F6and the Public Services Ombudsman (Wales) Act 2019] as functions of the Welsh Government.]
Textual Amendments
F1Words in Sch. 3 para. 7(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53, SIF 123:1), ss. 18(1), 19(2), Sch. 3 para. 32(a)(b)
F2Words in Sch. 3 para. 7(2) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 7 (with art. 12)
F3Words in Sch. 3 para. 7(2) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 33(1)(a), 41(2)
F4Sch. 3 para. 7(2)(b) and word omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 33(1)(b), 41(2)
F5Sch. 3 para. 7(3) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 33(2), 41(2)
F6Words in Sch. 3 para. 7(3) inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3), s. 77(1), Sch. 5 para. 14; S.I. 2019/1096, reg. 2
Modifications etc. (not altering text)
C2Sch. 3 para. 7(2)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch.
Marginal Citations