Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Local inquiries and hearingsS

5(1)A person appointed under this Schedule to determine an appeal may (whether or not the parties have asked for an opportunity to appear and be heard) hold a local inquiry in connection with the appeal and shall hold such an inquiry if the Secretary of State directs him to do so.

[F1(1A)Where a person appointed under this Schedule to determine an appeal—

(a)holds a hearing by virtue of paragraph 2(2)(b) of this Schedule, 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.]

(2)Subject to sub-paragraph (3) of this paragraph, the expenses—

(a)of any hearing held by virtue of paragraph 2(2)(b) of this Schedule; and

(b)of any inquiry held by virtue of this paragraph,

shall be defrayed by the Secretary of State.

(3)Subsections (4) to (9) of section 267 of this Act shall [F2subject to sub-paragraph (4) below] apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.

[F3(4)The person appointed to determine the appeal has the same power to make orders under section 267(7) of this Act in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.

(5)For the purposes of this paragraph, references to the Minister in subsections (7) and (8) of section 267 shall be read as references to the person appointed by the Secretary of State to determine the appeal.]

Textual Amendments