The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997

Application of rules

2.—(1) Subject to the provisions of this rule, these Rules apply to a local inquiry caused by the Secretary of State to be held for the purpose of any application referred to the Secretary of State or any appeal made to the Secretary of State under the Act, the Listed Buildings Act or the Hazardous Substances Act or any regulations made thereunder.

(2) These Rules shall not apply to a local inquiry held under Schedule 4 to the Act or under Schedule 3 to the Listed Buildings Act or the Schedule to the Hazardous Substances Act, except where the Secretary of State directs under paragraph 3(1) of the relevant Schedule that an appeal which, by virtue of paragraph 1 of that Schedule, falls to be determined by a person appointed by the Secretary of State, shall, instead of being determined by that person, be determined by the Secretary of State; and these Rules shall apply in relation to any step taken or thing done after the giving of the said direction, but do not affect any step taken or thing done before the giving of such direction.

(3) Where the appeal is made–

(a) by virtue of section 130 or 169 or 180 of the Act (appeals against enforcement notices, notices requiring the replacement of trees or notices under section 179 of the Act),

(b) under section 47 of the Act as applied to an application for consent under an order made under section 160 of the Act (appeals in relation to tree preservation orders),

(c) by virtue of section 35 of the Listed Buildings Act (appeals against listed building enforcement notice), or

(d) by virtue of section 19 of the Hazardous Substances Act (appeals against decisions or failure to take decisions relating to hazardous substances),

rule 4(1) below shall not apply and the references in these Rules to statutory parties shall be omitted.