(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 M1Local Government Act 1972 requiring any party to pay any costs of any other party.
[F2(1A)This section also applies where—
(a)arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A;
(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 the Secretary of State would have had power to make an order under section 250(5) of the Local 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
F1S. 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)
F2S. 322A(1A) inserted (6.4.2009 for certain purposes and otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196, 241, Sch. 10 para. 11 (with s. 226); S.I. 2009/400, art. 3
Modifications etc. (not altering text)
C1S. 322A applied (6.4.2011) by The Marine Licensing (Appeals Against Licensing Decisions) (Wales) Regulations 2011 (S.I. 2011/925), regs. 1(2), 18(3)
C2S. 322A applied (with application in accordance with reg. 2 11 of the amending S.I.) by The Marine Licensing (Licence Application Appeals) Regulations 2011 (S.I. 2011/934), regs. 1(b), 18(3)
C3S. 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)
C4S. 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)
C5S. 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