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Tribunals and Inquiries Act 1992

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Change 1

What to do with it
As published

9 Procedure in connection with statutory inquiries.

(1) The Lord Chancellor... may make rules regulating the procedure to be followed in connection with statutory inquiries held by or on behalf of Ministers; and different provision may be made by any such rules in relation to different classes of such inquiries. (2) Any rules made by the Lord Chancellor under this section shall have effect, in relation to any statutory inquiry, subject to the provisions of the enactment under which the inquiry is held, and of any rules or regulations made under that enactment. (3) Subject to subsection (2), rules made under this section may regulate procedure in connection with matters preparatory to such statutory inquiries as are mentioned in subsection (1), and in connection with matters subsequent to such inquiries, as well as in connection with the conduct of proceedings at such inquiries. (3ZA) Rules made by the Lord Chancellor under this section may include provision as to the circumstances in which, in statutory inquiries held in England— (a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a provision of the Town and Country Planning Act 1990 specified in the rules; (b) orders for costs may be made under section 250(5) of the Local Government Act 1972 as so applied. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In the application of this section to inquiries held in Scotland— (a) for any reference to the Lord Chancellor there shall be substituted a reference to the Lord Advocate, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision. (7) In the application of this section to inquiries held in Wales by or on behalf of the Welsh Ministers, the power in subsection (1) to make rules is exercisable by the Welsh Ministers (and not by the Lord Chancellor).

Your change, as a redline

9 Procedure in connection with statutory inquiries.

(1) The Lord Chancellor... may make rules regulating the procedure to be followed in connection with statutory inquiries held by or on behalf of Ministers; and different provision may be made by any such rules in relation to different classes of such inquiries. (2) Any rules made by the Lord Chancellor under this section shall have effect, in relation to any statutory inquiry, subject to the provisions of the enactment under which the inquiry is held, and of any rules or regulations made under that enactment. (3) Subject to subsection (2), rules made under this section may regulate procedure in connection with matters preparatory to such statutory inquiries as are mentioned in subsection (1), and in connection with matters subsequent to such inquiries, as well as in connection with the conduct of proceedings at such inquiries. (3ZA) Rules made by the Lord Chancellor under this section may include provision as to the circumstances in which, in statutory inquiries held in England— (a) directions may be given under section 250(4) of the Local Government Act 1972 as applied by a provision of the Town and Country Planning Act 1990 specified in the rules; (b) orders for costs may be made under section 250(5) of the Local Government Act 1972 as so applied. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In the application of this section to inquiries held in Scotland— (a) for any reference to the Lord Chancellor there shall be substituted a reference to the Lord Advocate, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In the application of this section to inquiries held in Northern Ireland, the power to make rules is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor) so far as the power may be used to make Northern Ireland devolved provision. (7) In the application of this section to inquiries held in Wales by or on behalf of the Welsh Ministers, the power in subsection (1) to make rules is exercisable by the Welsh Ministers (and not by the Lord Chancellor).

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