Modifications etc. (not altering text)
C1Sch. 6 excluded (27.5.1997) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 7 (with s. 64)
C2Sch. 6 applied (E.) (6.4.2012) by The Town and Country Planning (Tree Preservation)(England) Regulations 2012 (S.I. 2012/605), regs. 1(1), 19(5)
7E+WIf before or during the determination of an appeal under section 78 which is to be or is being determined in accordance with paragraph 1, the Secretary of State forms the opinion mentioned in section 79(6), he may direct that the determination shall not be begun or proceeded with.
8(1)The M1Tribunals and Inquiries Act [F11992] shall apply to a local inquiry or other hearing held [F2in England] in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in [F3section 10(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 an appointed person.E+W
F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Where an appointed person is an officer of [F5the Department for Levelling Up, Housing and Communities] or the Welsh Office the functions of determining an appeal and doing anything in connection with it conferred on him by this Schedule shall be treated for the purposes of the M2Parliamentary Commissioner Act 1967—
(a)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to England, as functions of that Department; and
(b)if he was appointed by the Secretary of State for the time being having general responsibility in planning matters in relation to Wales, as functions of the Welsh Office.
Textual Amendments
F1Word in Sch. 6 para. 8(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 28(a)
F2Words in Sch. 6 para. 8(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 16(3); S.I. 2017/546, art. 3(e)
F3Words in Sch. 6 para. 8(1) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 28(b)
F4Sch. 6 para. 8(1A) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 5(a)
F5Words in Sch. 6 para. 8(2) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 6(4) (with art. 12)
Modifications etc. (not altering text)
C3Sch. 6 para. 8(2)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
Marginal Citations