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Town and Country Planning Act 1990, Paragraph 8 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 Ministry of Housing, Communities and Local Government] 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 (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 3(3) (with art. 7)
Modifications etc. (not altering text)
C1Sch. 6 para. 8(2)(b) modified (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1
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