Part XV Miscellaneous and General Provisions

Local inquiries and other hearings

C2C3C1F1I1322 Orders as to costs of parties where no local inquiry held.

1

This section applies to proceedings under this Act where the Secretary of State is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him.

F51A

This section also applies to proceedings under this Act to which section 319A applies.

F41AA

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F31B

Section 250(4) of the Local Government Act 1972 applies to costs incurred by the Secretary of State, or a person appointed by the Secretary of State, in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to a local inquiry.

1C

In its application for that purpose, section 250(4) of that Act has effect as if—

a

after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

b

after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

1D

Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to proceedings in England to which this section applies which do not give rise to a local inquiry as it applies to costs incurred in relation to an inquiry.

2

The Secretary of State has the same power to make orders under section 250(5) of the M1Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings F2in England to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.