Town and Country Planning (Scotland) Act 1997

Local inquiries E+W+S

8 (1) A joint commission shall, for the purpose of complying with paragraph 5, hold a local inquiry. E+W+S

(2) A joint commission may hold such an inquiry if they think it necessary for the proper discharge of their functions, although neither the applicant nor the planning authority or, as the case may be, the local planning authority wish an opportunity to appear and be heard.

(3) Where a joint commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Minister may direct that the two inquiries be held concurrently or combined as one inquiry.

(4) For the purposes of the M1 Tribunals and Inquiries Act 1992 a local inquiry held by a joint commission—

(a) if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision, and

(b) if held in England, shall be treated as one held by [F1 the Secretary of State for Transport] in pursuance of a duty so imposed.

[F2 (4A) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) Subsections (4) to (13) of section 265 shall apply to a local inquiry held by a joint commission in Scotland as they apply to an inquiry held under that section.

(6) Subsections (2) to (5) of section 250 of the M2 Local Government Act 1972 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a joint commission in England as they apply in relation to an inquiry caused to be held by a Minister under subsection (1) of that section, with the substitution for references to a Minister causing the inquiry to be held (other than the first reference in subsection (4)) of references to the responsible Ministers.

Textual Amendments

F1 Words in Sch. 7 para. 8(4)(b) substituted (25.11.2002) by S.I. 2002/2626, art. 20, Sch. 2 para. 22

F2 Sch. 7 para. 8(4A) inserted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 51; S.I. 2007/2709, art. 3(b)(i)

F3 Sch. 7 para. 8(4A) 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. 17(b)

Marginal Citations

M1 1992 c. 53.

M2 1972 c. 70.