Local Government Act 1972

Inquiries E+W

250 Power to direct inquiries. E+W

(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, . . . F1 :

Provided that—

(a) no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b) nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.

(3) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding [F2 level 3 on the standard scale] or to imprisonment for a term not exceeding six months, or to both.

(4) Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry . . . F3 shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.

(5) The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.

(6) This section shall extend to local inquiries held by the Secretary of State under the provisions of the M1 Local Government Act 1929 or the M2 Ferries (Acquisition by Local Authorities) Act 1919.

Textual Amendments

F1 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

F2 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F3 Words repealed by Housing and Planning Act 1986 (c. 63, SIF 81:1), ss. 24(3), 39(4), 49(2), 53(2), Sch. 12 Pt. III

Modifications etc. (not altering text)

C1 S. 250 modified by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 14(7)

C2 S. 250(1) saved by Health and Safety at Work etc. Act 1974 (c. 37), s. 45(2) and by Control of Pollution Act 1974 (c. 40), s. 96(2)

C3 S. 250(2)–(5) applied with modifications by Water Act 1973 (c. 37), ss. 2(8), 12(11), 36(3), Sch. 2 para. 15(2), Sch. 4 Pt. II para. 10, Sch. 7 para. 23 and by Control of Pollution Act 1974 (c. 40), s. 96(2); applied by Hallmarking Act 1973 (c. 43), s. 20(1)(a), Slaughterhouses Act 1974 (c. 3), ss. 18(5), 31(2) and Health and Safety at Work etc. Act 1974 (c. 37), s. 45(2)

C4 S. 250(2)–(5) applied by S.I. 1987/2095, art. 22 and by Electricity Act 1989 (c. 29, SIF 44:1), ss. 62(2)

C5 S. 250(2)–(5) applied by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 10, 23(2), 24(4), 27(2), Sch. 5 para. 13(12), by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 252(6), 320(2) and by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 42(2)(5), 54

C6 S. 250(2)–(5) applied with modifications by Water Act 1989 (c. 15, SIF 130), ss. 51, 58(7), 69, 101(1), 111, 141(6), 160(1)(2)(4), 163, 181, 189(4)–(10), 190, 193(1), Sch. 8 para. 2(10), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C7 S. 250(2)–(5) applied (1.4.1991) by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 7C(2) (as inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50)

C8 S. 250(2)–(5) applied with modifications by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 101(4), 175, 195, 208, Sch. 6 para. 6(4), Sch. 8 para. 5(4) and by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 6(8), Sch. 1 para. 3(4)

C9 S. 250(2) extended by Cycle Tracks Act 1984 (c. 38, SIF 59), s. 3(5)

C10 S. 250(2) applied with modifications by Mental Health Act 1983 (c. 20, SIF 85), s. 125(2) and by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 43, Sch 4 para. 4(1), 16(2)

C11 S. 250(2) applied by Police Act 1964 (c. 48, SIF 95), Sch. 5 para 3(7) as inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 103(2) and by Parliamentary Constituencies Act 1986 (c. 56, SIF 89), ss. 6(5)(6), 9(2)

C12 S. 250(2) applied by S.I. 1987/2095, art. 22 and by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 16(2), 24, 28, 42, 49, 54, 83, Sch. 2 Pt. II para. 9(1)(a), Sch. 7 para. 8(5)

C13 S. 250(2)-(5) applied (prosp) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 101(4), 102(6), 170(1), Sch. 5, para. 4(1) (with s. 167(4)(5)(6)).

C14 S. 250(3) extended by Cycle Tracks Act 1984 (c. 38, SIF 59), s. 3(5)

C15 S. 250(3) applied with modifications by Mental Health Act 1983 (c. 20, SIF 85), s. 125(2) and by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 43, Sch. 4 para. 4(1), 16(2)

C16 S. 250(3) applied by Police Act 1964 (c. 48, SIF 95), Sch. 5 para. 3(7) as inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 103(2) and by Parliamentary Constituencies Act 1986 (c. 56, SIF 89), ss. 6(5)(6), 9(2)

C17 S. 250(3) applied by S.I. 1987/2095, art. 22 and by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 16(2), 24, 28, 42, 49, 54, 83, Sch. 2 Pt. II para. 9(1)(a), Sch. 7 para. 8(5)

C18 S. 250(2)-(5) applied (14. 10 1991) by Children Act 1989 (c. 41, SIF 20), s. 81(4);S.I.!991/828, art. 3(2). .

C19 S. 250(2)-(5) applied with modifications by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), ss. 22(4), 40(3), Sch. 3, para. 6(4) and (prosp.) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), ss. 21(8), 41(1), 16(2).

C20 S. 250(2)-(5) applied (prosp.) by Radioactive Substances Act 1960 (c. 34, SIF 8), s. 12B(3),(as inserted (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 6(8), Sch. 1, para. 3(4).

C21 S. 250(4) applied with modifications by Mental Health Act 1983 (c. 20, SIF 85) s. 125(2), by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 43, Sch. 4 paras. 4(1), 16(2) and S.I. 1986/1858, reg. 2

C22 S. 250(4) extended by Cycle Tracks Act 1984 (c. 38, SIF 59), s. 3(5)

C23 S.250(2)-(5) applied (12.3.1991) by S.I.1991/993, art.28

C24 S. 250(5) applied with modifications by Mental Health Act 1983 (c. 20, SIF 85), s. 125(2), by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 43, Sch. 4 paras. 4(1), 16(2) and S.I. 1986/1858, reg. 2

C25 s. 250(5) applied (prosp) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), ss. 21(8), 41(2)(3), Sch. para. 6(8).

C26 S. 250(5) extended by Cycle Tracks Act 1984 (c. 38, SIF 59)s. 3(5) and extended (prosp) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 322(2) and Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIf 123:1), ss. 22(4), 40(3), Sch. 3, para. 6(8).

Marginal Citations

M1 1929 c. 17.

M2 1919 c. 75.