The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2008

Article 6

SCHEDULE 4 Consequential amendment of inquiries procedure rules, and related saving and transitional provisions

1.  The Rules listed in the first column of the Table are amended by the substitution for “the Commission for the New Towns” of “the Homes and Communities Agency” in the provision specified in the corresponding entry in the second column.

Table

Rules	Provision
The Town and Country Planning (Inquiries Procedure) (England) Rules 2000(1)	rule 11(1)(d) (appearances at inquiry)
The Town and Country Planning (Appeals) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000(2)	rule 11(1)(d) (appearances at inquiry)
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002(3)	rule 11(1)(d) (appearances at inquiry)
The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002(4)	rule 13(1)(d) (appearances at inquiry)
The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005(5)	rule 15(1)(d) (appearances at inquiry)

2.  At the end of rule 2(1) (interpretation) of—

(a) the Pipe-lines (Inquiries Procedure) Rules 1995(6); and

(b) the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007(7)

insert—

““Welsh new towns residuary body” means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.”(8).

3.  In the Pipe-lines (Inquiries Procedure) Rules 1995, in rule 10(1)(e) (appearances at inquiry), for “or the Commission for the New Towns as its successor” substitute—

“or, as its successor—

(i) in England, the Homes and Communities Agency;

(ii) in Wales, the Welsh new towns residuary body.”.

4.  In the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) (England and Wales) Rules 2007, in rule 15(1)(d) (appearances at inquiry) for “, the Commission for the New Towns”, substitute “in England, the Homes and Communities Agency or in Wales, the Welsh new towns residuary body”.

5.  Nothing in this Schedule affects the validity of anything done (or having effect as if done) before the commencement date by or in relation to the CNT as a person entitled to appear at an inquiry under any Rules amended by this Schedule.

6.  Anything which, immediately before the commencement date, is in the process of being done by or in relation to the CNT as a person entitled to appear at an inquiry under any Rules amended by this Schedule, may be continued by or in relation to the HCA or (as the case may be) the Welsh new towns residuary body.

(1)

S.I. 2000/1624. Rule 11(1)(d) was amended by S.I. 2002/1223.

(2)

S.I. 2000/1625.

(3)

S.I. 2002/2685.

(4)

S.I. 2002/2686.

(5)

S.I. 2005/2115.

(6)

S.I. 1995/1239. Rule 10 was amended by S.I. 1996/1008 and S.I. 1997/712.

(7)

S.I. 2007/841.

(8)

1981 c. 64. Section 36 was amended by section 50 of, and paragraph 5 of Schedule 5 to, the Housing and Regeneration Act 2008.