Planning (Hazardous Substances) Act 1990

31 Exercise of powers in relation to Crown land.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this section— “Crown land” means land in which there is a Crown interest or a Duchy interest; “Crown interest” means any of the following— an interest belonging to Her Majesty in right of the Crown or in right of Her private estates; an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department; such other interest as the Secretary of State specifies by order; “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall. (4) A person who is entitled to occupy Crown land by virtue of a licence in writing shall be treated for the purposes of subsection (1) as having an interest in land. (5) For the purposes of this section “the appropriate authority”, in relation to any land— (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners, and, in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land; (aa) in relation to land belonging to Her Majesty in right of Her private estates means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State; (b) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy; (c) in relation to land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; (d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department. (e) in relation to Westminster Hall and the Chapel of St Mary Undercroft, means the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly; (f) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, means the Lord Great Chamberlain. (6) If any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final. (7) References to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862. (8) An order made for the purposes of paragraph (c) of the definition of Crown interest in subsection (3) must be made by statutory instrument. (9) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

31A Applications for hazardous substances consent by Crown

(1) This section applies to an application for hazardous substances consent made by or on behalf of the Crown. (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications. (3) A statutory provision is a provision contained in or having effect under any enactment.

32 Application for hazardous substances consent in anticipation of disposal of Crown land.

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34 Ecclesiastical property.

(1) Where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated. (2) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant and the property is situated elsewhere than in Wales, then for the purposes of this section, sections 8 and 22 and section 31(1), so far as it applies to section 8, and any other provisions of the planning Acts so far as they apply, or have effect for the purpose of, any of those provisions, it shall be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated. (3) Any compensation payable under section 16 in respect of land which is ecclesiastical property shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated and shall ... be applied by it for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale. (4) In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction ....

35 Application of Act to Isles of Scilly.

In relation to land in the Isles of Scilly the provisions of this Act, and any other provisions of the planning Acts in so far as they apply or have effect for the purposes of those provisions, shall have effect as if those Isles were a district and the Council of the Isles were the council of that district.

36 Rights of entry.

(1) Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it in connection with— (a) any application for hazardous substances consent; (b) any proposal to issue a hazardous substances contravention notice. (2) Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 23. (3) Any person who is an officer of the Valuation Office or a person duly authorised in writing by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land made by virtue of section 16 or 19. (4) Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice or a notice under section 183 of the principal Act (as applied by regulations made by virtue of section 25) has been issued for the purpose of ascertaining whether the notice has been complied with. (5) . . ., any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36A Warrants to enter land.

(1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 36; and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, the justice may issue a warrant authorising any person duly authorised in writing by a hazardous substances authority to enter the land. (2) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (3) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency.

36B Rights of entry: supplementary provisions.

(1) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 36 or 36A (referred to in this section as “a right of entry”)— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (2) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (3) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence. (4) Subsection (3) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land. (5) A person who is guilty of an offence under subsection (3) shall be liable— (a) on summary conviction to a fine not exceeding the statutory maximum, or (b) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both. (6) If any damage is caused to land or chattels in the exercise of— (a) a right of entry; or (b) a power conferred by virtue of section 36(5) in connection with such a right, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this section as it applies in relation to compensation under Part IV of that Act. (7) The authority of the appropriate Minister shall be required for the carrying out of works in the exercise of a power under section 36 if— (a) the land in question is held by statutory undertakers, and (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking. (8) Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (7) as it applies for the purposes of section 325(9) of the principal Act.

36C Rights of entry: Crown land

(1) Section 36 applies to Crown land subject to the following modifications. (2) A person must not enter Crown land unless he has the relevant permission. (3) Relevant permission is the permission of— (a) a person appearing to the person seeking entry to the land to be entitled to give it, or (b) the appropriate authority. (4) Section 36B does not apply to anything done by virtue of this section. (5) “Appropriate authority” must be construed in accordance with section 31(5).

37 Application of certain general provisions of principal Act.

(1) The provisions of the principal Act specified in subsection (2) shall apply for the purposes of this Act as they apply for the purposes of that Act. (2) Those provisions are— sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications) section 320 (local inquiries) section 322 (orders as to costs of parties where no inquiry held : England ) section 322A (orders as to costs: supplementary) section 322C (costs: Wales) 323 (procedure on certain appeals and applications : England ) section 323A (procedure for certain proceedings: Wales) section 327ZA (powers as to form and content of applications in England); section 329 (service of notices) section 329A(1) and (2) (service of notices on the Crown) section 330 (power to require information as to interests in land) section 330A(1) to (4) (information as to interests in Crown land) section 331 (offences by corporations). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of this Act or any subordinate provision made under this Act (but are not to be read as including an application made in legal proceedings).

38 Financial provisions.

(1) Where— (a) compensation is payable by a local authority under this Act in consequence of any decision or order given or made under sections 4 to 21 or the Schedule, (b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament, the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine. (2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a hazardous substances authority . . .in or in connection with the performance of any of their functions under sections 4 to 29. (3) Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under sections 4 to 21, the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation. (4) For the purposes of subsections (2) and (3), contributions made by an authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee. (5) The council of a county may direct that any expenses incurred by them under sections 1, 3, 16, 20, 21 25(5), 31, 34 and 36, the previous provisions of this section or the Schedule shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions. (6) There shall be paid out of money provided by Parliament any expenses of the Secretary of State or any government department under this Act. (7) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

39 Interpretation.

(1) In this Act — “contravention of hazardous substances control” has the meaning given in section 23(2); “development consent” means development consent under the Planning Act 2008; “hazardous substances authority” is to be construed in accordance with sections 1 and 3; “hazardous substances consent” means consent required by section 4; “hazardous substances contravention notice” means such a notice as is mentioned in section 24(1); “infrastructure consent has the meaning given in section 143 of the Infrastructure (Wales) Act 2024; “the principal Act” means the Town and Country Planning Act 1990. “the safety regulator” means— in relation to land which is, or is on, a nuclear site (within the meaning of Part 3 of the Energy Act 2013), the Office for Nuclear Regulation; otherwise, the Health and Safety Executive. (2) In this Act, except in so far as the context otherwise requires and subject to the following provisions of this section, the following expressions have the same meaning as in the principal Act— . . . ; . . . ; “the Broads”; “development”; “development plan”; “enactment”; “functions”; “government department”; “joint planning board”; “land”; “local authority”; “local planning authority”; “London borough”; “mineral working deposit”; “minerals”; “Minister”; . . .; “owner”; “the planning Acts”; “prescribed”; “public gas supplier”; “statutory undertakers”; “tenancy”; “urban development area” and “urban development corporation”; “use”; “Valuation Office”; but this subsection does not affect the meaning of “owner” in section 8. (3) For the purposes of sections 4 to 21 and 23 to 26 any two bodies corporate are to be treated as being one person if— (a) one of them is a body corporate of which the other is a subsidiary (within the meaning of section 1159 of the Companies Act 2006 ); or (b) both of them are subsidiaries (within the meaning of that Act) of one and the same body corporate. (4) For the purposes of sections . . . 12 and 38(2) a public gas supplier shall be deemed to be a statutory undertaker . . . (5) For the purposes of sections . . . 12 and 38(2) the Environment Agency, the Natural Resources Body for Wales and every water or sewerage undertaker shall be deemed to be a statutory undertaker . . . (6) For the purposes of section 38(2) a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011 ) in connection with the provision of a universal postal service (within the meaning of that Part ), the Civil Aviation Authority , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) and any holder of a licence under section 6(1) of the Electricity Act 1989 shall be deemed to be statutory undertakers . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 Regulations and orders.

(1) The Secretary of State may make regulations under this Act for any purpose for which regulations are authorised or required to be made under this Act, not being a purpose for which regulations are authorised or required to be made by another Minister. (2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument. (3) Any statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Regulations may make different provision for different purposes. (5) Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.

41 Short title, commencement and extent.

(1) This Act may be cited as the Planning (Hazardous Substances) Act 1990. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) ... The provisions of this Act (other than this section) shall come into force on such day as may be appointed by the Secretary of State by order made by statutory instrument and— (a) different days may be appointed for different provisions or for different purposes; and (b) an order may make such transitional provision as the Secretary of State thinks appropriate. (4) This Act extends to England and Wales only.

SCHEDULE Determination of Appeals by Person Appointed by Secretary of State

Section 21. Determination of appeals by appointed person 1 (1) The Secretary of State may by regulations prescribe the classes of appeals under section 21 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State. (2) Appeals of a prescribed class shall be so determined except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State. (3) Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph. (4) This paragraph shall not affect any provision in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State. (5) A person appointed under this paragraph is referred to in this Schedule as “an appointed person”. Powers and duties of appointed person 2 (1) An appointed person shall have the same powers and duties as the Secretary of State has under subsection (4) of section 21. (2) Subsection (5) of that section shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the hazardous substances authority whether they wish to appear before and be heard by the appointed person. (3) If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard. (4) If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so. (4B) Sub-paragraph (2) does not apply to an appeal to the Welsh Ministers. (5) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State. (6) Except as provided by section 22, the validity of that decision shall not be questioned in any proceedings whatsoever. (7) It shall not be a ground of application to the High Court under that section, that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the hazardous substances authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given. (8) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating— (a) to an appeal under section 21, or (b) to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal, then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him. (10) Sub-paragraph (8) does not apply to references to the Welsh Ministers in section 21B (determination by the Welsh Ministers of procedure for certain proceedings). Determination of appeals by Secretary of State 3 (1) The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State. (2) Such a direction shall state the reasons for which it is given and shall be served on the appellant, the hazardous substances authority, any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 8(4) or, as the case may be, regulations made under section 17(2) making provision corresponding to section 8(4) and, if any person has been appointed under paragraph 1, on him. (3) Where in consequence of such a direction an appeal under section 21 falls to be determined by the Secretary of State, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it. (4) The Secretary of State shall give the appellant, the hazardous substances authority and any person who has made such representations as are referred to in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if— (a) the reasons for the direction raise matters with respect to which any of those persons have not made representations; or (b) in the case of the appellant or the hazardous substances authority, either of them was not asked in pursuance of paragraph 2(2) whether they wished to appear before and be heard by the appointed person, or expressed no wish in answer to that question, or expressed a wish to appear and be heard but was not given an opportunity of doing so. (4C) Sub-paragraph (4) does not apply in the case of an appeal to the Welsh Ministers. (4D) In the case of an appeal to which section 21B applies, the Welsh Ministers must give the appellant, the hazardous substances authority and any person who has made representations mentioned in sub-paragraph (2) an opportunity to make further representations if the reasons for the direction raise matters with respect to which any of those persons have not made representations. (5) Except as provided by sub-paragraph (4) or (4D), the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made. (6) In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it. 4 (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal. (2) Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the hazardous substances authority and any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 8(4) or, as the case may be, regulations made under section 17(2) making provision corresponding to section 8(4). (3) Where such a further direction has been given the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given. (4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him. Appointment of another person to determine appeal 5 (1) At any time before the appointed person has determined the appeal the Secretary of State may— (a) revoke his appointment; and (b) appoint another person under paragraph 1 to determine the appeal instead. (2) Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh. (3) Nothing in sub-paragraph (2) shall require— (a) the question referred to in paragraph 2(2) to be asked again with reference to the new appointed person if before his appointment it was asked with reference to the previous appointed person (any answers being treated as given with reference to the new appointed person); or (b) any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made. Local inquiries and hearings 6 (1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person— (a) may hold a local inquiry in connection with the appeal; and (b) shall do so if the Secretary of State so directs. (1B) Sub-paragraph (1) does not apply in the case of an appeal to the Welsh Ministers, but an appointed person may hold a hearing or a local inquiry in connection with such an appeal pursuant to a determination under section 21B. (2) Where an appointed person— (a) holds a hearing by virtue of paragraph 2(4) or this paragraph; or (b) holds an inquiry by virtue of this paragraph, an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal. (3) Subject to sub-paragraph (4), the costs— (a) of any hearing held by virtue of paragraph 2(4) or this paragraph; and (b) of any inquiry held under this paragraph, shall be defrayed by the Secretary of State. (4) Section 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) applies to an inquiry held by virtue of this paragraph in England with the following adaptations— (a) for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held there shall be substituted references to the Secretary of State; and (b) for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held there shall be substituted a reference to the appointed person or the Secretary of State. (4A) Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales. (5) Subject to sub-paragraph (6), at any inquiry held by virtue of this paragraph oral evidence shall be heard in public and documentary evidence shall be open to public inspection. (6) If the Secretary of State is satisfied in the case of any such inquiry— (a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in sub-paragraph (7); and (b) that the public disclosure of that information would be contrary to the national interest, he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in that direction. (7) The matters referred to in sub-paragraph (6)(a) are— (a) national security; and (b) the measures taken or to be taken to ensure the security of any premises or property. (8) The appointed person or the Secretary of State has the same power to make orders under section 250(5) of the Local Government Act 1972 (orders with respect to costs of the parties) in relation to proceedings in England under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry. 6A (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given. (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry. (3) The Lord Chancellor may by rules make provision— (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1); (b) as to the functions of a person appointed under sub-paragraph (1) or (2). (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative. (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified. (7) An amount so certified is recoverable from the responsible person as a civil debt. (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (9) Sub-paragraph (10) applies if— (a) a person is appointed under sub-paragraph (1) or (2), but (b) no inquiry is held as mentioned in paragraph 6(1). (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held. (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held. (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8). Supplementary provisions 7 (1) The Tribunals and Inquiries Act 1992 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 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. (2) Where an appointed person is an officer of the Ministry of Housing, Communities and Local Government or the Welsh Office 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 Parliamentary 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; and (b) if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office. Local inquiries: Wales 8 (1) This paragraph applies in relation to a local inquiry held in pursuance of this Schedule if the matter in respect of which the inquiry is to be held relates to Wales. (2) The references in paragraph 6A(1) and (2) to the Attorney General must be read as references to the Counsel General to the Welsh Assembly Government. (3) The Assembly may by regulations make provision as mentioned in paragraph 6A(3) in connection with a local inquiry to which this section applies. (4) If the Assembly acts under sub-paragraph (3) rules made by the Lord Chancellor under paragraph 6A(3) do not have effect in relation to the inquiry. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Section 40(3) does not apply to regulations made under this paragraph. Table of Derivations Notes: 1 The following abbreviations are used in this Table:— 1969 c.48 = | The Post Office Act 1969 1971 c.78 = | The Town and Country Planning Act 1971 1973 c.41 = | The Fair Trading Act 1973 1981 c.41 = | The Local Government and Planning (Amendment) Act 1981 1982 c.16 = | The Civil Aviation Act 1982 1982 c.21 = | The Planning Inquiries (Public) Act 1982 1984 c.10 = | The Town and Country Planning Act 1984 1985 c.9 = | The Companies (Consequential Provisions) Act 1985 1986 c.44= | The Gas Act 1986 1986 c.63 = | The Housing and Planning Act 1986 1988 c.4 = | The Norfolk and Suffolk Broads Act 1988 1988 c.50 = | The Housing Act 1988 1989 c.15 = | The Water Act 1989 1989 c.29 = | The Electricity Act 1989 2 The letter R followed by a number indicates that the provision gives effect to the Recommendation bearing that number in the Law Commission’s Report on the Consolidation of Certain Enactments relating to Town and Country Planning (Cmnd.958). 3 The entry “drafting” indicates a provision of a mechanical or editorial nature only affecting the arrangement of the consolidation. Provision | Derivation 1 | 1971 c.78 s.1A(1); 1986 c.63 s.30. 2(1) | 1971 c.78 s.1B(1), (2); 1986 c.63 s.30. (2) | 1971 c.78 s.1B(3)(4); 1986 c.63 s.30. (3) | 1971 c.78 s.1B(5); 1986 c.63 s.30. (4) | 1971 c.78 s.1B(4); 1986 c.63 s.30. 3(1) | 1971 c.78 s.1A(2); 1986 c.63 s.30. (2) | 1971 c.78 s.1A(3); 1986 c.63 s.30. (3) | 1971 c.78 s.1A(3A); 1988 c.4 Sch. 3 para.9; R 54. (4) | 1971 c.78 s.1A(4); 1986 c.63 s.30; R 54. (5) | 1988 c.50 s.67(6); R 54. (6) | 1971 c.78 s.1A(1)(part); 1986 c.63 s.30. 4(1),(2) | 1971 c.78 s.58B(1); 1986 c.63 s.31. (3) | 1971 c.78 s.58B(2); 1986 c.63 s.31. (4) | 1971 c.78 s.58B(3)(b); 1986 c.63 s.31. (5) | 1971 c.78 s.58B(6); 1986 c.63 s.31. 5(1) | 1971 c.78 s.58B(3)(a), (3)(c); 1986 c.63 s.31. (2) | 1971 c.78 s.58B(4); 1986 c.63 s.31. (3) | 1971 c.78 s.58B(5); 1986 c.63 s.31. (4) | 1971 c.78 s.58B(6); 1986 c.63 s.31. 6(1) | 1971 c.78 ss.58C, 58F; 1986 c.63 s.34. (2) | 1971 c.78 s.58J(1); 1986 c.63 s.31. 7(1) | 1971 c.78 s.58C(1); 1986 c.63 s.31. (2) | 1971 c.78 s.58C(4); 1986 c.63 s.31. (3) | 1971 c.78 s.58C(5); 1986 c.63 s.31. (4) | 1971 c.78 s.58C(6); 1986 c.63 s.31. 8(1)to(5) | 1971 c.78 s.58C(2); 1986 c.63 s.31. (6) | 1971 c.78 s.58C(3); 1986 c.63 s.31. (7) | 1971 c.78 s.58C(6); 1986 c.63 s.31. (8) | 1971 c.78 s.27(7). 9(1) | 1971 c.78 s.58D(1)(part); 1986 c.63 s.31. (2) | 1971 c.78 s.58D(1)(2); 1986 c.63 s.31. (3) | 1971 c.78 s.58D(3); 1986 c.63 s.31. (4) | 1971 c.78 s.58D(4)(part); 1986 c.63 s.31. 10(1) | 1971 c.78 s.58D(5); 1986 c.63 s.31. (2) | 1971 c.78 s.58D(5); 1986 c.63 s.31; R 55. (3) | 1971 c.78 s.58D(4)(c); 1986 c.63 s.31. 11(1) | 1986 c.63 s.34(3). (2) | 1986 c.63 s.34(4). (3) | 1986 c.63 s.34(5). (4) | 1986 c.63 s.34(6). (5) | 1986 c.63 s.34(7). (6) | 1986 c.63 s.34(8). (7) | 1986 c.63 s.34(9). (8) | 1986 c.63 s.34(10). 12(1) | 1971 c.78 s.58F(1); 1986 c.63 s.31. (2) | 1989 c. 29 Sch. 8 para. 7(2). (3) | 1971 c.78 s.58F(2); 1986 c.63 s.31; 1989 c. 29 Sch. 8 para. 7(2). (4) | 1971 c.78 s.58F(4); 1986 c.63 s.31. (5) | 1971 c.78 s.58F(3); 1986 c.63 s.31. 13(1) | 1971 c.78 s.58G(1); 1986 c.63 s.31. (2)to(4) | 1971 c.78 s.58G(2); 1986 c.63 s.31. (5)to(7) | 1971 c.78 s.58G(3) to (5); 1986 c.63 s.31. 14(1) | 1971 c.78 s.58H(3); 1986 c.63 s.31. (2), (3) | 1971 c.78 s.58H(1)(part), (2); 1986 c.63 s.31. (4) | 1971 c.78 s.58H(4); 1986 c.63 s.31. 15(1), (2) | 1971 c.78 s.58H(5); 1986 c.63 s.31. (3) to (5) | 1971 c.78 s.58H(6); 1986 c.63 s.31. (6) | 1971 c.78 c.58H(7); 1986 c.63 s.31. 16(1) | 1971 c.78 s.58H(8); 1986 c.63 s.31. (2) to (4) | 1971 c.78 s.170(2) to (4). (5) | Drafting. 17(1) | 1971 c.78 s.58J(2); 1986 c.63 s.31. (2) | 1971 c.78 s.58J(3); 1986 c.63 s.31. 18(1) | 1971 c.78 s.58J(4)(part); 1986 c.63 s.31. (2) | 1971 c.78 s.58J(4)(part),(5); 1986 c.63 s.31. (3) | 1971 c.78 s.58J(6); 1986 c.63 s.31. (4) | 1971 c.78 s.58J(7); 1986 c.63 s.31. (5) | 1971 c.78 s.58J(8); 1986 c.63 s.31. (6) | 1971 c.78 s.58J(9); 1986 c.63 s.31; R 56. (7) | 1971 c.78 s.58J(10),(11),(a),(d), s.37; 1986 c.63 s.31. 19 | 1971 c.78 s.58J(12); 1986 c.63 s.31. 20(1) | 1971 c.78 ss.35(1), 58E, 58J(10),(11); 1986 c.63 s.31. (2) | 1971 c.78 ss.35(2), 58E, 58J(10),(11); 1986 c.63 s.31. (3) | 1971 c.78 ss.35(3), 58E, 58J(10),(11); 1986 c.63 s.31. (4) | 1971 c.78 ss.35(5), 58E, 58J(10),(11); 1986 c.63 s.31. (5) | 1971 c.78 ss.35(6), 58E, 58J(10),(11); 1986 c.63 s.31. (6) | 1971 c.78 s.58E(3); 1986 c.63 s.31. 21(1) | 1971 c.78 ss.58E, 58J(10),(11), 36(1); 1986 c.63 s.31; R 57. (2) | 1971 c.78 ss.58E, 58J(10),(11), 37; 1986 c.63 s.31; R 8(a). (3) | 1971 c.78 ss.58E, 58J(10),(11), 36(2); 1986 c.63 s.31. (4) | 1971 c.78 ss.58E, 58J(10),(11), 36(3); 1986 c.63 s.31. (5) | 1971 c.78 ss.58E, 58J(10),(11), 36(4); 1986 c.63 s.31. (6) | 1971 c.78 ss.58E, 58J(10),(11) 36(6); 1986 c.63 s.31. (7) | 1971 c.78 s.58E(3); 1986 c.63 s.31. (8) | 1971 c.78 ss.36(8), 58E, 58J(10),(11); 1986 c.63 s.31. 22(1) | 1971 c.78 s.245(1); R 57 and R 58. (2) | 1971 c.78 s.245(2) (7); R 57 and R 58. (3) | 1971 c.78 s.245(4). (4) | 1971 c.78 s.245(7)(part); 1972 c.70 Sch.16 para.46. (5) | 1971 c.78 s.242(1)(e), (3)(dd); 1986 c.63 Sch.7 para.2; R 57. (6) | 1971 c.78 s.242(4). 23 | 1971 c.78 s.58K; 1986 c.63 s.31. 24(1) | 1971 c.78 s.101B(1),(3); 1986 c.63 s.32. (2) | 1971 c.78 s.101B(3)(part); 1986 c.63 s.32. (3) | 1971 c.78 s.101B(2); 1986 c.63 s.32. (4) to (9) | 1971 c.78 s.101B(4) to (9); 1986 c.63 s.32. 25(1) to (3) | 1971 c.78 s.101B (10) to (12); 1986 c.63 s.32. (4) | 1971 c.78 s.110(2). 26 | 1986 c.63 s.34(1),(2),(10). 27 | 1971 c.78 s.58L; 1986 c.63 s.31. 28 | 1971 c.78 s.58M; 1986 c.63 s.31; R 55, R 59. 29(1),(2) | 1971 c.78 s.58N(1); 1986 c.63 s.31. (3) | 1971 c.78 s.58N(2); 1986 c.63 s.31. (4) | 1971 c.78 s.58N(3); 1986 c.63 s.31. (5) | 1971 c.78 s.58N(4); 1986 c.63 s.31. (6) | 1971 c.78 s.58N(5); 1986 c.63 s.31. 30(1) | 1971 c.78 s.271A(1); 1986 c.63 Sch.7 Part I para.5. (2) | 1971 c.78 s.271A(2); 1986 c.63 Sch.7 Part I para.5. 31(1) | 1971 c.78 s.266(1)(b). (2) | 1971 c.78 s.266(2)(a); 1981 c.41 Sch. para.20; 1986 c.63 Sch.7 Part I para. 3. (3) | 1971 c.78 s.266(7). (4) | 1984 c.10 s.4(1). (5) | 1971 c.78 s.266(7); 1984 c.10 s.6(1). (6) | 1971 c.78 s.266(7)(part). 32(1) | 1984 c.10 s.1(1); 1986 c.10 Sch.7 Part I para. 8. (2) | 1984 c.10 s.1(2). (3) | 1984 c.10 s.1(3A); 1986 c.10 Sch.7 para. 8. (4) | 1984 c.10 s.1(5); R 60. (5) | 1984 c.10 s.1(7). (6) | 1984 c.10 ss.1(6), 6(1),(2). (7) | 1984 c.10 s.6(1),(2). (8) | 1984 c.10 s.4(1). 33 | 1971 c.78 s.273. 34(1)to(3) | 1971 c.78 s.274(1)to(3). (4) | 1971 c.78 s.274(5). 35 | 1971 c.78 s.269(2); 1986 c.63 Sch.7 Part I para.4. 36(1) | 1971 c.78 s.280(1A); 1986 c.63 Sch.7 Part I para.6. (2) | 1971 c.78 s.280(4)(part); 1986 c.63 Sch.7 Part I para.6. (3) | 1971 c.78 s.280(6),(6A); 1986 c.63 Sch.7 Part I para.6. (4) | 1971 c.78 s.280(8); 1986 c.63 Sch.7 Part I para.6; R 61. (5) | 1971 c.78 s.280(9). (6) | 1971 c.78 s.281, drafting. 37 | 1971 c.28 ss. 282, 282A, 282B, 283, 284, 285; 1986 c.63 Sch. 11 paras. 9, 10. 38(1) | 1971 c.78 s.254. (2) | 1971 c.78 s.255(2)(b); R 62. (3) | 1971 c.78 s.255(3). (4) | 1971 c.78 s.255(5). (5) | 1971 c.78 s.263(1); 1972 c.70 Sch. 29 Pt. I para. 3(b). (6),(7) | 1971 c.78 ss. 260(1)(part), 262; 1986 c.63 s.56. 39(1),(2) | 1971 c.78 s.290(1); 1986 c. 44 Sch. 7 para. 2(9)(e); 1986 c.63 Sch.7 Part I para.7(a),(b). (3) | 1971 c.78 s.58B(7); 1973 c.41 s.137(5); 1985 c.9 Sch.2; 1986 c.63 s.31. (4) | 1986 c.44 Sch.7 para.2(1),(9). (5) | 1989 c.15 Sch.25 para. 1(1),(2),(10). (6) | 1969 c.49 Sch. 4 para. 93;1982 c.16 Sch. 2 para. 4; 1989 c.29 Sch. 16 para. 1(1)(xxii). (7),(8) | 1971 c.78 s.290(2). 40(1) | 1971 c.78 s.287(1)(b). (2),(3) | 1971 c.78 s.287(2). 41(1) | Drafting. (2) | Drafting. (3) | 1986 c.63 s.57(2). (4) | Drafting. Sch. para.1(1) | 1971 c.78 Sch.9 para.1(1). (2) | 1971 c.78 Sch.9 para.1(1). (3) | 1971 c.78 Sch.9 para.1(2). (4) | 1971 c.78 Sch.9 para.1(3). (5) | Drafting. para.2(1) | 1971 c.78 Sch.9 para.2(1). (2) | 1971 c.78 Sch.9 para.2(2). (3) | 1971 c.78 Sch.9 para.2(2)(a). (4) | 1971 c.78 Sch.9 para.2(2)(b). (5) | 1971 c.78 Sch.9 para.3. (6) | 1971 c.78 Sch.9 para.2(3)(a). (7) | 1971 c.78 Sch.9 para.2(3)(b). (8) | 1971 c.78 Sch.9 para.2(4). para.3(1) | 1971 c.78 Sch.9 para.3(1). (2) | 1971 c.78 Sch.9 para.3(2); R 52. (3) | 1971 c.78 Sch.9 para.3(3). (4) | 1971 c.78 Sch.9 para.3(4); R 52. (5) | 1971 c.78 Sch.9 para.3(5). (6) | 1971 c.78 Sch.9 para.3(5). para.4(1) | 1971 c.78 Sch.9 para.3A(1); 1986 c.63 Sch.11 para.11. (2) | 1971 c.78 Sch.9 para.3A(2); 1986 c.63 Sch.11 para.11; R 52. (3) | 1971 c.78 Sch.9 para.3A(3); 1986 c.63 Sch.11 para.11. (4) | 1971 c.78 Sch.9 para.3A(4); 1986 c.63 Sch.11 para.11. para.5(1) | 1971 c.78 Sch.9 para.4(1). (2) | 1971 c.78 Sch.9 para.4(2)(a). (3) | 1971 c.78 Sch.9 para.4(2). para.6(1) | 1971 c.78 Sch.9 para.5(1). (2) | 1971 c.78 Sch.9 para.5(1A); 1986 c.63 Sch.11 para.12. (3) | 1971 c.78 Sch.9 para.5(2). (4) | 1971 c.78 Sch.9 para.5(3); 1986 c.63 Sch.11 para.8(2). (5) | 1982 c.21 s.1(1). (6) | 1982 c.21 s.1(2),(3). (7) | 1982 c.21 s.1(4). (8) | 1971 c.78 Sch.9 para.5(4); 1986 Sch.11 para.9(2). para.7 | 1971 c.78 Sch.9 para.7.