Town and Country Planning (Scotland) Act 1997

Local inquiries and other hearings S

265 Local inquiries. S

(1) Subject to the provisions of this section, the Minister may cause a local inquiry to be held for the purposes of the exercise of any of his functions under this Act.

(2) The Minister shall appoint a person to hold the inquiry and to report on it to him.

(3) Notification of the time when and the place where the inquiry is to be held shall be sent to any person who has lodged and has not withdrawn objections in relation to any matter in question at the inquiry, and shall be published in such newspaper or newspapers as the Minister may direct.

(4) Subject to subsections (5) and (6), the person appointed to hold the inquiry may, on the motion of any party to it or of his own motion, serve a notice in writing on any person requiring him to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the inquiry.

(5) No person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him.

(6) Nothing in subsection (4) shall empower the person appointed to hold the inquiry to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(7) The person appointed to hold the inquiry may administer oaths and examine witnesses on oath and may accept, in place of evidence on oath by any person, a statement in writing by that person.

(8) Any person who—

(a) refuses or wilfully neglects to attend in obedience to a notice under subsection (4) or to give evidence, or

(b) wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a period not exceeding 3 months.

(9) The Minister may make orders as to the expenses incurred—

(a) by the Minister in relation to—

(i) the inquiry, and

(ii) arrangements made for an inquiry which does not take place, and

(b) by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) shall be paid.

(10) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(11) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(12) Any order of the Minister under subsection (9) requiring any party to pay expenses may be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(13) In this section, except where the context otherwise requires, “Minister” means the Secretary of State, or any other Minister authorised under this Act to hold a local inquiry.

Modifications etc. (not altering text)

C1 S. 265 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

C2 S. 265(2)-(13) applied (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 11(6), 18(6), 20A(7) (as inserted (31.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 83(4), 130(1) (with s. 128); S.S.I. 2016/372, reg. 2), 100(3) (with s. 100(2)); S.S.I. 2005/17, art. 2(a)

C3 S. 265(4)-(13) applied (27.5.1997) by 1997 c. 10, ss. 19, 40(2), Sch. para. 6(4)-(6) (with ss. 9(3), 10(5), 31, 38(6))

[F1 265A Planning inquiries to be held in public subject to certain exceptions S

(1) This section applies in relation to the holding of inquiries under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7.

(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, or after consultation with the Secretary of State the Scottish Ministers are, 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 or as the case may be they 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 may be specified 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.

(5) The Lord Advocate may appoint a person to represent the interests of any person who—

(a) if a direction is given under subsection (3), will be prevented from hearing or inspecting any evidence at any such inquiry; or

(b) is so prevented by such a direction given before any appointment is made by virtue of paragraph (a).

(6) By rules—

(a) the Secretary of State may make provision as to the procedure to be followed by him before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5) and as to the functions of a person appointed under subsection (5),

(b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case and as to such functions.

(7) If a person (the representative) is appointed—

(a) under paragraph (a) of subsection (5) and either no direction in relation to the evidence in question has been given under subsection (3) or any such direction so given has been given by the Secretary of State, the Secretary of State may direct any person who he thinks,

(b) under paragraph (a) of subsection (5) and such a direction has been given under subsection (3) by the Scottish Ministers, the Scottish Ministers may direct any person who they think,

(c) under paragraph (b) of subsection (5) and the direction referred to in that paragraph was given by the Secretary of State, the Secretary of State may direct any person who he thinks,

(d) under paragraph (b) of that subsection and the direction so referred to was given by the Scottish Ministers, the Scottish Ministers may direct any person who they think,

is interested in the inquiry, or prospective inquiry, in relation to a matter mentioned in subsection (4) (the responsible person) to pay remuneration or allowances to, and to reimburse any expenses incurred by, the representative.

(8) If the representative and the responsible person are unable to agree an amount payable by virtue of—

(a) paragraph (a) or (c) of subsection (7), the amount must be determined by the Secretary of State,

(b) paragraph (b) or (d) of that subsection, the amount must be determined by the Scottish Ministers.

(9) The Secretary of State must cause an amount payable by virtue of paragraph (a) or (c) of subsection (7) (whether determined under subsection (8) or agreed between the representative and the responsible person) to be certified.

(10) The Scottish Ministers must cause an amount payable by virtue of paragraph (b) or (d) of subsection (7) (whether so determined or so agreed) to be certified.

(11) An amount certified under subsection (9) or (10) is recoverable from the responsible person as a debt.

(12) Subsections (7) to (11) apply even if the inquiry does not take place.

(13) The power to make rules under—

(a) paragraph (a) of subsection (6) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament,

(b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F1 S. 265A inserted (6.8.2004 for specified purposes, 7.6.2006 in so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 91(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 3

266 Orders as to expenses of parties where no local inquiry held. S

(1) This section applies to—

[F2 (a)] proceedings under this Act where the Secretary of State is required, before reaching a decision, to afford any person an opportunity of appearing before and being heard by a person appointed by him[F3 , and

(b) proceedings arising under or by virtue of sections   46, 47, 75B, 75F, 130, 154, 169 and 180].

(2) The Secretary of State has the same power to make orders under section 265(9) 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

F2 Words in s. 266(1) renumbered as s. 266(1)(a) (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 2(5)

F3 S. 266(1)(b) and word inserted (3.8.2009) by Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 2(5)

Modifications etc. (not altering text)

C4 S. 266 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4)

S. 266 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

F4 267 [F4 Appeals and applications under this Act: procedure etc.] S

(1) The Secretary of State may by regulations prescribe the procedure to be followed in connection with [F5 appeals and applications under this Act and as to the manner in which such appeals and applications are to be conducted].

[F6 (1A) Without prejudice to the generality of subsection (1), the regulations may—

(a) make different provision for different cases or classes of case and in particular according to whether an appeal is under subsection (1) of section 47 or under subsection (2) of that section,

(b) as regards the manner in which an appeal or application is to be conducted, make different provision for different stages of a case,

(c) make provision in relation to oral or written submissions and to documents in support of such submissions, and

(d) make provision in relation to time limits.

(1B) The provision which may be made by virtue of subsections (1) and (1A) includes provision as to—

(a) the making of oral submissions, or as to any failure to make such submissions or to lodge documents in support of such submissions,

(b) the lodging of, or as to any failure to lodge, written submissions or documents in support of such submissions, and

(c) subject to section 47A, as to what matters may be raised in the course of the appeal or application.

(1C) The provision which may be made by virtue of subsections (1) and (1A) includes provision that the manner in which an appeal or application, or any stage of an appeal or application, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under or by virtue of this Act).]

(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 F7 ... 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.

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 S. 267 heading substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(6), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F5 Words in s. 267(1) substituted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(a), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F6 S. 267(1A)-(1C) inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(b), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F7 Word in s. 267(2)(a) repealed (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(c), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

F8 S. 267(3) repealed (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(5)(d), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 20009/210, art. 2, sch.

Modifications etc. (not altering text)

C5 S. 267 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))

S. 267 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4)))

268 Inquiries under Private Legislation Procedure (Scotland) Act 1936. S

(1) Where the Ministers concerned so direct—

(a) any inquiry in relation to an order under this Act which in certain events becomes subject to special parliamentary procedure, and

(b) any hearing in connection with—

(i) an appeal against the refusal, or the grant, subject to conditions, of an application by statutory undertakers for planning permission to develop operational land,

(ii) such an application made by statutory undertakers and referred to the Secretary of State, or

(iii) the revocation or modification of planning permission to develop operational land granted to statutory undertakers,

shall be held by Commissioners under the M1 Private Legislation Procedure (Scotland) Act 1936.

(2) Any such direction shall be deemed to have been given under section 2, as read with section 10, of the M2 Statutory Orders (Special Procedure) Act 1945.

(3) Subsections (5), (6) and (7) of section 231 shall not apply to an order mentioned in subsection (1)(a).

(4) Nothing in subsections (2) to (13) of section 265 shall apply to any inquiry to which subsection (1)(a) applies.

(5) The provisions of the Statutory Orders (Special Procedure) Act 1945 in relation to the publication of notices in the Edinburgh Gazette and in a newspaper shall, notwithstanding anything contained in that Act, not apply to any order under this Act which is subject to special parliamentary procedure.

Marginal Citations

M1 1936 c. 52.

M2 1945 (9 & 10 Geo. 6) c. 18.