Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

11 Inquiries, etc. with respect to local plans. S

(1) For the purpose of considering objections made to a local plan the . . . F1 planning authority may, and shall [F2 if] in the case of objections so made in accordance with regulations under this Act [F3 an objector so requires,] cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Act, by the authority themselves, and—

(a) subsections (4) to (6) of section 267 of this Act shall apply to an inquiry held under this section as they apply to an inquiry held under that section;

(b) the M1 Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this section as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

(2) Regulations made for the purposes of subsection (1) of this section may—

(a) make provision with respect to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under that subsection, including provision enabling the Secretary of State to direct a . . . F1 planning authority to appoint a particular person, or one of a specified list or class of persons;

(b) make provision with respect to the remuneration and allowances of a person appointed for the said purpose.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 38(a)

F3 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 38(b)

Marginal Citations

M1 1971 c. 62.