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SCHEDULE 5E+WCOSTS AND PROCEDURE ON APPEALS ETC: FURTHER AMENDMENTS

Town and Country Planning Act 1990 (c. 8)E+W

8E+WTCPA 1990 is amended as follows.

Commencement Information

I1Sch. 5 para. 8 partly in force; Sch. 5 para. 8 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I2Sch. 5 para. 8 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

9E+WIn section 175, in subsection (7), after “any proceedings” insert “ in England ”.

Commencement Information

I3Sch. 5 para. 9 partly in force; Sch. 5 para. 9 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I4Sch. 5 para. 9 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

10E+WIn section 196, in subsection (8), after “any proceedings” insert “ in England ”.

Commencement Information

I5Sch. 5 para. 10 partly in force; Sch. 5 para. 10 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I6Sch. 5 para. 10 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

11E+WIn section 208, omit subsection (11).

Commencement Information

I7Sch. 5 para. 11 partly in force; Sch. 5 para. 11 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I8Sch. 5 para. 11 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

12(1)Section 320 is amended as follows.E+W

(2)In subsection (1)—

(a)after “Secretary of State” insert “ or the Welsh Ministers ”;

(b)after “his” insert “ or their ”.

(3)In subsection (2), for “held by virtue of this section” substitute “ caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers ”.

(4)In subsection (3), for “held in England” substitute “ caused to be held by the Secretary of State ”.

Commencement Information

I9Sch. 5 para. 12 partly in force; Sch. 5 para. 12 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I10Sch. 5 para. 12 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

13(1)Section 322 is amended as follows.E+W

(2)Omit subsection (1AA).

(3)In subsection (2), after “proceedings” insert “ in England ”.

(4)In the heading, after “held” insert ”: England”.

Commencement Information

I11Sch. 5 para. 13 partly in force; Sch. 5 para. 13 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I12Sch. 5 para. 13 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

14(1)Section 322A is amended as follows.E+W

(2)In subsection (1)(a), after “proceedings” insert “ in England ”.

(3)Omit subsection (1B).

Commencement Information

I13Sch. 5 para. 14 partly in force; Sch. 5 para. 14 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I14Sch. 5 para. 14 in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(a) (with art. 17)

15(1)Section 323 is amended as follows.E+W

(2)In subsection (1), after “proceedings” insert “ in England ”.

(3)Omit subsection (1B).

(4)In the heading, after “applications” insert “ : England ”.

Commencement Information

I15Sch. 5 para. 15 partly in force; Sch. 5 para. 15 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I16Sch. 5 para. 15 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

16(1)Schedule 6 is amended as follows.E+W

(2)In paragraph 6—

(a)in sub-paragraph (4), after “paragraph” insert “ in England ”;

(b)after sub-paragraph (4) insert—

(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.;

(c)in sub-paragraph (5), after “proceedings” insert “ in England ”.

(3)In paragraph 8, in sub-paragraph (1), after “hearing held” insert “ in England ”.

Commencement Information

I17Sch. 5 para. 16 partly in force; Sch. 5 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I18Sch. 5 para. 16(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(b) (with art. 17)

I19Sch. 5 para. 16(1)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

I20Sch. 5 para. 16(2) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(b) (with art. 17)

17E+WIn Schedule 7, in paragraph 8—

(a)in sub-paragraph (6), after “hearing held” insert “ in England ”;

(b)after sub-paragraph (6) insert—

(6A)The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority.

Commencement Information

I21Sch. 5 para. 17 partly in force; Sch. 5 para. 17 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I22Sch. 5 para. 17 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

18E+WIn Schedule 8, in paragraph 5—

(a)in sub-paragraph (3), after “inquiry held” insert “ in England ”;

(b)after sub-paragraph (3) insert—

(3ZA)The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission.;

(c)in sub-paragraph (4), after “sub-paragraph (1)” insert “ in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, ”.

Commencement Information

I23Sch. 5 para. 18 partly in force; Sch. 5 para. 18 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I24Sch. 5 para. 18 in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(c) (with art. 17)

I25Sch. 5 para. 18 in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)