Highways Act 1980

[F12B(1)Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply to a hearing which the Secretary of State causes to be held under paragraph 2 above[F2in England] as they apply (by virtue of section 302(1) of this Act) to a local inquiry which he causes to be held under this Act.E+W

(2)In its application to a hearing or local inquiry held under paragraph 2 above by a person appointed under paragraph 2A(1) above, subsection (5) of section 250 of that Act shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

(3)Section 322A of the M2Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under paragraph 2 above[F3in England] as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.]

[F4(4)Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.]

Textual Amendments

F1Sch. 6 para. 2B inserted (12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 15.7.2005 for W. for specified purposes, 11.5.2006 for W. in so far as not already in force and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 23(8); S.I. 2003/272, art. 2(a)(p); S.I. 2005/1314, art. 3(d)(viii)(gg); S.I. 2006/1279, art. 2(n); S.I. 2007/1493, art. 2

F2Words in Sch. 6 para. 2B(1) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 3(a); S.I. 2016/52, art. 4(a) (with art. 17)

F3Words in Sch. 6 para. 2B(3) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 3(b); S.I. 2016/52, art. 4(a) (with art. 17)

F4Sch. 6 para. 2B(4) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 3(c); S.I. 2016/52, art. 4(a) (with art. 17)

Marginal Citations