Town and Country Planning (Costs of Inquiries etc.) Act 1995

4 Retrospective validation of payments etc. in connection with certain past Scottish inquiries and hearings

(1) As respects any inquiry or other hearing under section 8 of the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 or section 11 of the 1972 Act held before the passing of this Act—

(a) the Secretary of State shall be taken always to have had power to determine, in relation to any class of person appointed under or by virtue of the provision in question, the standard daily amount applicable in respect of each day on which a person of that class is engaged in holding, or in work connected with, the inquiry or hearing, and in so determining, to have regard—

(i) where the persons of that class are in the public service of the Crown, to the general staff costs and overheads of his department; and

(ii) in any other case, to the general administrative costs incurred by persons of that class in connection with the performance by them of their functions in relation to such inquiries and hearings; and

(b) the planning authority shall be taken always to have been under an obligation to pay to—

(i) the Secretary of State, where the person appointed under or by virtue of the provision in question was in the public service of the Crown; and

(ii) in any other case, the person so appointed,

a sum, determined by reference to the applicable standard daily amount, in respect of the performance by the person so appointed of his functions in relation to the inquiry or hearing (whether or not it took place).

(2) Where any sums paid to the Secretary of State by a planning authority in respect of the performance by a person appointed as mentioned in subsection (1) above of his functions in relation to an inquiry or hearing referred to in that subsection have, before the passing of this Act, been repaid to the authority, with or without interest, the authority shall, if the Secretary of State so requires, pay those sums, together with any interest so paid, to him.

(3) Where both this section and, as the case may be, section 8 of the [1969 c. 30.] Town and Country Planning (Scotland) Act 1969 or section 11 of the 1972 Act apply in relation to the same inquiry or hearing, the Secretary of State may make such apportionment as he considers appropriate for the purpose of securing payment by the planning authority under this section or that section, or partly under this section and partly under that section.