(1)The Secretary of State may cause a local inquiry to be held for the purposes of the exercise of any of his functions under any of the provisions of this Act.
(2)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (local inquiries: evidence and costs) apply to an inquiry held by virtue of this section.
Modifications etc. (not altering text)
C1S. 320 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1)
C2S. 320: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
Marginal Citations
(1)This section applies to any inquiry held under section 320(1), paragraph 6 of Schedule 6 or paragraph 5 of Schedule 8.
(2)Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.
(3)If the Secretary of State is satisfied in the case of any such inquiry—
(a)that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4); and
(b)that the public disclosure of that information would be contrary to the national interest,
he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in the direction.
(4)The matters referred to in subsection (3)(a) are—
(a)national security; and
(b)the measures taken or to be taken to ensure the security of any premises or property.
Modifications etc. (not altering text)
C3S. 321: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
Yn ddilys o 06/08/2004
(1)This section applies if—
(a)a person is appointed under subsection (5) or (6) of section 321, but
(b)no inquiry is held as mentioned in subsection (1) of that section.
(2)Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
(3)For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
(4)This section does not affect section 322A.]
Textual Amendments
F1S. 321A inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 80(2), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2
Yn ddilys o 06/08/2004
(1)This section applies if the matter in respect of which a local inquiry to which section 321 applies is to be held relates to Wales.
(2)The references in section 321(5) and (6) to the Attorney General must be read as references to the Counsel General to the National Assembly for Wales.
(3)The Assembly may by regulations make provision as mentioned in section 321(7) in connection with a local inquiry to which this section applies.
(4)If the Assembly acts under subsection (3) rules made by the Lord Chancellor under section 321(7) do not have effect in relation to the inquiry.
(5)The Counsel General to the National Assembly for Wales is the person appointed by the Assembly to be its chief legal adviser (whether or not he is known by that title).
(6)Section 333(3) does not apply to regulations made under subsection (4).]
Textual Amendments
F2S. 321B inserted (6.8.2004 for certain purposes and 7.6.2006 otherwise) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 81(1), 121 (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2
(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.
(2)The Secretary of State has the same power to make orders under section 250(5) of the M2Local Government Act 1972 (orders with respect to the costs of the parties) in relation to proceedings to which this section applies which do not give rise to a local inquiry as he has in relation to a local inquiry.
Textual Amendments
F3S. 322 omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 6 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3))
Modifications etc. (not altering text)
C4S. 322 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3
S. 322 applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.
S. 322: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
Commencement Information
I1S. 322 omitted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 6 (which temp. omission falls (2.1.1992 and 6.4.2009) for specified purposes only by virtue of S.I. 1991/2698, art. 3 and S.I. 2009/849, art. 2 (with art. 3) thus bringing s. 322 partially into force)
Marginal Citations
(1)This section applies where—
(a)for the purposes of any proceedings under this Act—
(i)the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and
(ii)arrangements are made for a local inquiry or hearing to be held;
(b)the inquiry or hearing does not take place; and
(c)if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M3Local Government Act 1972 requiring any party to pay any costs of any other party.
(2)Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.]
Textual Amendments
F4S. 322A inserted (2.1.1992 except for certain purposes which exception is prosp..) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 30(1), 84(2)-(4) (with s. 84(5)); S.I. 1991/2728, art.3 (subject to art. 4)
Modifications etc. (not altering text)
C5S. 322A applied (27.7.1992) by S.I. 1992/1562, reg. 2, Sch.
S. 322A: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 322A applied (with modifications) (1.6.1997) by S.I. 1997/1160, reg. 9(7)
C6S. 322A applied (13.2.2004 for E. and 31.5.2005 for W.) by 1981 c. 69, Sch. 15 para. 10A(3) (as inserted by 2000 c. 37, ss. 51, 103(3)-(5), Sch. 5 Pt. I para. 11(8); S.I. 2004/292, art. 2(d)(iii) (with art. 3(1); S.I. 2005/1314, art. 2(a)(iii))
S. 322A applied (12.2.2003 for E. for certain purposes, 15.7.2005 for W. for certain purposes, 11.5.2006 for W. otherwise, and for E. otherwise prosp.) by 1980 c. 66, Sch. 6 para. 2B(3) (as inserted by 2000 c. 37, ss. 57, 103(3)-(5), Sch. 6 para. 23(8); S.I. 2003/272, art. 2(p); S.I. 2005/1314, art. 3(d)(viii)(gg); S.I. 2006/1279, art. 2(l)(n))
S. 322A applied (30.1.2001) by 1981 c. 69, ss. 28F(11), 28L(13) (as substituted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)
S. 322A applied (E.) (1.2.2002) by S.I. 2001/3966, art. 15(10)
C7S. 322A applied (19.8.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas)(Wales) Regulations 2002 (S.I. 2002/2127), {reg. 15(10)} (with reg. 17)
S. 322A applied (E.) (1.10.2006) by The Environmental Impact Assessment (Agriculture)(England) Regulations 2006 (S.I. 2006/2362), {reg. 33(13)}
S. 322A applied (E.) (21.5.2007) by Wildlife and Countryside Act 1981 (c. 69), Sch. 15 para. 10A(3) (as inserted by Countryside and Rights of Way Act 2000 (c. 37), ss. 51, 103, Sch. 5 para. 11); S.I. 2007/1493, art. 2)
S. 322A applied (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(11)
Marginal Citations
Yn ddilys o 03/07/2000
(1)This section applies where—
(a)the local planning authority for a London borough refuse an application for planning permission,
(b)that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
(c)an appeal against the refusal is made to the Secretary of State under section 78.
(2)If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—
(a)for subsection (4) there were substituted the subsection set out at subsection (5) below, and
(b)for subsection (5) there were substituted the subsection set out at subsection (6) below.
(3)If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(4)If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(5)The subsection referred to in subsection (2)(a) above is as follows—
“( )Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—
(a)by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
(b)if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”
(6)The subsection referred to in subsection (2)(b) above is as follows—
“( )Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—
(a)the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
(b)every such order may be made a rule of the High Court on the application of any party named in the order. ”
(7)In this section “the 1972 Act” means the Local Government Act 1972.]
Textual Amendments
F5S. 322B inserted (3.7.2000) by 1999 c. 29, s. 345 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
(1)The Secretary of State may by regulations prescribe the procedure to be followed in connection with proceedings under this Act where he is required, before reaching a decision, to give any person an opportunity of appearing before and being heard by a person appointed by him and which are to be disposed of without an inquiry or hearing to which rules under [F6section 9 of the Tribunals and Inquiries Act 1992] apply.
(2)The regulations may in particular make provision as to the procedure to be followed—
(a)where steps have been taken with a view to the holding of such an inquiry or hearing which does not take place, or
(b)where steps have been taken with a view to the determination of any matter by a person appointed by the Secretary of State and the proceedings are the subject of a direction that the matter shall instead be determined by the Secretary of State, or
(c)where steps have been taken in pursuance of such a direction and a further direction is made revoking that direction,
and may provide that such steps shall be treated as compliance, in whole or in part, with the requirements of the regulations.
(3)The regulations may also—
(a)provide for a time limit within which any party to the proceedings must submit representations in writing and any supporting documents;
(b)prescribe the time limit (which may be different for different classes of proceedings) or enable the Secretary of State to give directions setting the time limit in a particular case or class of case;
(c)empower the Secretary of State to proceed to a decision taking into account only such written representations and supporting documents as were submitted within the time limit; and
(d)empower the Secretary of State, after giving the parties written notice of his intention to do so, to proceed to a decision notwithstanding that no written representations were made within the time limit, if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
Textual Amendments
F6Words in s. 323(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 26
Modifications etc. (not altering text)
C8S. 323 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3
C9S. 323: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3