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Local Government Act 1972

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250 Power to direct inquiries.E+W

(1)Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2)For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, F1. . . :

Provided that—

(a)no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b)nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.

(3)Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale] or to imprisonment for a term not exceeding six months, or to both.

(4)Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry F3. . . shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.

(5)The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.

(6)This section shall extend to local inquiries held by the Secretary of State under the provisions of the M1Local Government Act 1929 or the M2Ferries (Acquisition by Local Authorities) Act 1919.

Textual Amendments

Modifications etc. (not altering text)

C1S. 250 modified by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 14(7)

S. 250: duty to apply imposed (1.4.1998) by 1997 c. 46, s. 13(9), Sch. 1 para. 7(1)(c); S.I. 1998/631, art. 2(1)(a), Sch. 1

S. 250 extended (1.10.1998) by 1975 c. 70, s. 21A, Sch. 4 Pt. IV para. 21 (as inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4)

S. 250 amended (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

S. 250 applied (1.4.2000) by 1999 c. 27, s. 15(4); S.I. 1999/2169, art. 4(2), Sch. 3; S.I. 1999/2815, art. 3

S. 250 modified (3.7.2000) by 1990 c. 8, s. 322B(2)-(7) (as inserted (3.7.2000) by 1999 c. 29, s. 345 (with Sch. 12 para. 9(1))); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C2S. 250(1) saved by Health and Safety at Work etc. Act 1974 (c. 37), s. 45(2) and by Control of Pollution Act 1974 (c. 40), s. 96(2)

C3S. 250(2)(3): power to apply (with modifications) conferred (3.11.2008 for specified purposes and otherwise 1.12.2008) by 1996 c. 16 s. 84(4) (as substituted by Criminal Justice and Immigration Act 2008 (c. 4), ss. 126, 153, Sch. 22 para. 8(3)); S.I. 2008/2712, art. 2, Sch. 16(c) (subject to arts. 3, 4); S.I. 2008/2993, art. 2(c)(h)(i) (subject to art. 3)

C10S. 250(2)(3) applied (1.4.1998) by 1997 c. 50, s. 79(3); S.I. 1998/354, art. 2(1)(2)(an)

S. 250(2)(3) applied (1.12.1998) by 1998 c. 38, s. 2, Sch. 1 para. 6(5) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

S. 250(2)(3) applied (with modifications) (1.4.1999) by S.I. 1999/818, rule 8(2)

S. 250(2)(3) applied (1.2.2001 (E.) and 1.8.2001 (W.) for certain purposes and 18.2001 (W.) for certain purposes) by 2000 c. 38, ss. 170(6), 185(6), 275(1) (with s. 196); S.I. 2001/57, art. 3(2), Sch. 3 Pt. I; S.I. 2001/2788, art. 2 Sch. 1

S. 250(2)(3) applied (E.) (14.12.2001) by S.I. 2001/3743, regs. 1(1), 12

S. 250(2)(3) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 3(8)

S. 250(2)(3) applied (26.8.2005) by S.I. 2005/2222, art. 42, Sch. 14 para. 14(3) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

S. 250(2)(3) applied by Government of Wales Act 2006 (c. 32), ss. 2, 161, Sch. 1 para. 4(6) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

C11S. 250(2)(3) power to apply (with modifications) (9.3.2004) conferred by 1987 c. 4, s. 4A(4) (as inserted by 2002 c. 30, ss. 79(2), 108(2)-(5); S.I. 2004/636, art. 2)

C12S. 250(2)(3) modified (prosp.) by 1964 c. 48, s. 37(4) (as substituted (prosp.) by 1994 c. 29, ss. 19(1), 94(1)) (which substituting section was repealed (22.8.1996) by 1996 c. 16, ss. 103(3), 104(1), Sch. 9 Pt. I)

C13S. 250(2)(3)(5) applied (with modifications) (1.4.1992) by S.I. 1992/664, regs. 11(16), 26(1), 27(4), 29(5), 30(3), Sch. 9 para. 9

C14S. 250(2)-(5) applied (with modifications) by Water Act 1973 (c. 37), ss. 2(8), 12(11), 36(3), Sch. 2 para. 15(2), Sch. 4 Pt. II para. 10, Sch. 7 para. 23 and by Control of Pollution Act 1974 (c. 40), s. 96(2); applied by Hallmarking Act 1973 (c. 43), s. 20(1)(a), Slaughterhouses Act 1974 (c. 3), ss. 18(5), 31(2) and Health and Safety at Work etc. Act 1974 (c. 37), s. 45(2)

S. 250(2)-(5) applied (with modifications) by Water Act 1989 (c. 15, SIF 130), ss. 51, 58(7), 69, 101(1), 111, 141(6), 160(1)(2)(4), 163, 181, 189(4)-(10), 190, 193(1), Sch. 8 para. 2(10), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

S. 250(2)-(5) applied by S.I. 1987/2095, art. 22 and by Electricity Act 1989 (c. 29, SIF 44:1), ss. 62(2)

S. 250(2)-(5) applied by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 10, 23(2), 24(4), 27(2), Sch. 5 para. 13(12), by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 252(6), 320(2) and by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 42(2)(5), 54

S. 250(2)-(5) applied (with modifications) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 79, 101(4), 175, 195, 208, Sch. 6 para. 6(4), Sch. 8 para. 5(4) and by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 6(8), Sch. 1 para. 3(4)

S. 250(2)-(5) applied (with modifications) by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), ss. 22(4), 40(3), Sch. 3 para. 6(4) and (1.6.1992) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 21(8), Sch. para. 6(4); S.I. 1992/725, art. 3

S. 250(2)-(5) applied (1.4.1991) by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 7C(2) (as inserted (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 50)

S. 250(2)-(5) applied by Water Industry Act 1991 (c. 56, SIF 130), ss. 215(2)(3), 223 (with ss. 82(3), 186(1), 222(1), Sch. 14, para. 6)

S. 250(2)-(5) applied (12.3.1991) by S.I. 1991/993, art. 28

S. 250(2)-(5) applied (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 81(4); S.I.1991/828,art. 3(2)

S. 250(2)-(5) applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 215(1), 225 (with ss. 16(6), 105(4), 113(4), 179, 223(3), Sch. 22 para. 1)

S. 250(2)-(5) applied (with modifications) (16.3.1992) by Midland Metro Act 1992 (c. vii), s.27

S. 250(2)-(5) applied (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), ss. 101(4), 102(6), Sch. 5 para. 4(1) (with s. 167(4)(5)(6)); S.I. 1992/2984, art. 2(2), Sch. 2

S. 250(2)-(5) applied (with modifications) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 11(5); S.I. 1992/2784, art. 2(a), Sch.1

S. 250(2)-(5) applied (with modifications) (8.7.1994) by S.I. 1994/1693, art. 21

S. 250(2)-(5) applied (21.7.1994) by 1994 c. xv, ss. 58(11)

S. 250(2)-(5) applied (with modifications) (1.11.1994) by S.I. 1994/2733, art. 27

S. 250(2)-(5) applied (with modifications) (13.4.1995) by S.I. 1995/1063, art. 24

S. 250(2)-(5) applied (with modifications) (28.6.1995) by 1995 c. iii, s. 22(2)

S. 250(2)-(5) applied (1.4.1996) by 1990 c. 43, Sch. 1 Pt. II para. 8(4) (as inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 93(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3)

S. 250(2)-(5) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 53(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 250(2)-(5) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 114(4), Sch. 20 para. 5(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 250(2)-(5) applied (27.5.1997 for certain purposes) by 1997 c. 8, ss. 70(4), 278(2), Sch. 7 para. 8(6) (with ss. 64, 219)

S. 250(2)-(5) applied (1.6.1997) by S.I. 1997/1160, reg. 9(5)

S. 250(2)-(5) applied (28.7.1998) by 1998 c. iv, s. 38(2)

S. 250(2)-(5) applied (25.11.1998 for certain purposes, otherwise 3.7.2000) by 1998 c. 45, s. 25(5); S.I. 1998/2952, art. 2(2); S.I. 2000/1173, art. 2(2)(c)

S. 250(2)-(5) applied (1.12.1998) by 1998 c. 38, s. 35(2) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2

S. 250(2)-(5) applied (8.7.1999) by S.I. 1999/2513, arts. 1(1), 26 (with art. 25)

S. 250(2)-(5) applied (1.2.2000) by S.I. 1999/3445, reg. 9(5)

S. 250(2)-(5) applied (with modifications) (1.8.2000) by S.I. 2000/1973, reg. 27(10), Sch. 8 para. 4(10)

S. 250(2)-(5) applied (1.8.2000) by S.I. 2000/2103, art. 25

S. 250(2)-(5) applied (with modifications) (30.1.2001) by 1981 c. 69, s. 28F(10) (as inserted (30.1.2001) by 2000 c. 37, ss. 75(1), 103(2), Sch. 9 para. 1)

S. 250(2)-(5) applied (with modifications) (30.1.2001) by 2000 c. 37, ss. 7(2)-(4), 103(2) (with s. 43)

S. 250(2)-(5) applied (with modifications) (30.1.2001) by 2000 c. 37, ss. 8(2), 103(2), Sch. 3 para. 5 (with s. 43)

S. 250(2)-(5) applied (with modifications) by 1980 c. 66, s. 2B (as inserted (12.2.2003 (E.) for certain purposes, 15.7.2005 (W.) for certain purposes, 11.5.2006 (W.) for remaining purposes) by 2000 c. 37, ss. 57, 103(3), 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(I)(n))

S. 250(2)-(5) applied (with modifications) (12.2.2003 (E.) for certain purposes and 31.5.2005 (W.) for certain purposes and 21.5.2007 (E.) insofar as not already in force) by 1980 c. 66, Sch. 12ZA para. 7 (12.2.2003 (E.) for certain purposes and 31.5.2005 (W.) for certain purposes and 21.5.2007 (E.) insofar as not already in force) by 2000 c. 37, ss. 57, 103(3), Sch. 6 para. 24; S.I. 2003/272, art 2(q); S.I. 2005/1314, art. 2(b)(vii)); S.I. 2007/1493, art. 2

S. 250(2)-(5) applied (with modifications) (E.) (1.2.2002) by S.I. 2001/3966, regs. 1, 15(9)

S. 250(2)-(5) applied (with modifications) (1.4.2002 for E., and 1.4.2002, 30.1.2003, 1.4.2004 and 7.7.2004 for W., for certain purposes) by 2000 c. 14, ss. 10(5), 122; S.I. 2001/3852, art. 3(7)(e) (subject to transitional provisions in art. 3(2), Sch. 1 (as amended by S.I. 2001/4150, S.I. 2002/1493, S.I. 2002/1790, S.I. 2002/2001, S.I. 2002/3210, S.I. 2005/3397)); S.I. 2002/920, art. 3(3)(a) (subject to transitional provisions in arts. 2, 3(2), Schs. 1-3); S.I. 2003/152, art. 2; S.I. 2004/1015, art. 2; S.I. 2004/1730, art. 2

S. 250(2)-(5) applied by Greenham and Crookham Commons Act 2002 (c. i), s. 36(2) (with ss. 38, 39) (coming into force in accordance with s. 1(2)-(4) of the amending Act)

S. 250(2)-(5) applied (with modifications) (W.) (19.8.2002) by S.I. 2002/2127, regs. 15(9), 17

S. 250(2)-(5) applied (with modifications) (1.4.2003) by S.I. 2003/164, reg. 11(8)

S. 250(2)-(5) applied (with modifications) (31.12.2003) by S.I. 2003/3311, reg. 28, Sch. 3 para. 4(5)

S. 250(2)-(5) applied (1.4.2004 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 134(5), 199; S.I. 2004/759, art. 3(1)

S. 250(2)(-(5) applied (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 135(4), 199; S.I. 2004/759, art. 4(2)(a)

S. 250(2)-(5) applied (22.7.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 56

S. 250(2)-(5) applied (with modifications) (2.8.2004) by S.I. 2004/1769, reg. 17(2)(a)

S. 250(2)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 4(7)

S. 250(2)-(5) applied (with modifications) (21.4.2005) by S.I. 2005/925, reg. 34(3), Sch. 3 para. 4(5)(6) (with reg. 3)

S. 250(2)-(5) applied (1.10.2005) by Energy Act 2004 (c. 20), ss. 95, 198(2), Sch. 16 para. 6(9)(a); S.I. 2005/877, art. 2(2), Sch. 2

S. 250(2)-(5) applied (with modifications) (1.10.2005) by S.I. 2005/1905, reg. 5(2)

S. 250(2)-(5) applied (with modifications) (1.10.2006 for E.) by S.I. 2006/2362, reg. 33(12)

C15S. 250(2)-(5) extended (1.11.1996) by 1996 c. 56, ss. 507(2), 583(2) (with s. 1(4), Sch. 39)

C17S. 250(2)-(5) applied (with modifications) (13.2.2004 for E. and 31.5.2005 for W.) by 1981 c. 69, Sch. 15 para. 10A (as inserted by 2000 c. 37, ss. 51, 103, Sch. 5 para. 11(8); S.I. 2004/292, art. 2(d)(iii) (with art. 3(2)); S.I. 2005/1314, art. 2(a)(iii))

C18S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C22S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C23S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

C27S. 250(2)-(5) applied (with modifications) by 1949 c. 97, Sch. 1A para. 13(3) (as inserted (12.11.2009 for certain purposes and 12.1.2010 otherwise) by 2009 c. 23, ss. 302(2), 324(1)(2), Sch. 19 (with s. 308))

C34S. 250(2)-(5) applied (with modifications) (1.4.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 161, 324(3) (with ss. 172(3), 185); S.I. 2011/556, art. 2(2)(c)

C36S. 250(2)-(5) applied (with modifications) (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(1)(2)

C45S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C47S. 250(2)-(5) applied (24.6.2007) by The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518), regs. 21 22(a)(iv), {Sch. 5 para. 6(1)}

C49S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C50S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

C52S. 250(2)-(5) applied (30.10.1994) by The Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716), reg. 22(3), {Sch. 1para. 4(3)}

C56S. 250(4) applied (with modifications) by Mental Health Act 1983 (c. 20, SIF 85), s. 125(2); and by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 43, Sch. 4 paras. 4(1), 16(2); and by S.I. 1986/1858, reg. 2

S. 250(4) applied (21.7.1994) by 1994 c. xv, s. 80(1)(2)

S. 250(4) applied (with modifications) (1.2.2000) by S.I. 1999/3445, regs. 1(1), 9(5)

C58S. 250(4)(5) applied (with modifications) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 11(6); S.I. 1992/2784, art. 2(a), Sch. 1

C59S. 250(4)(5) modified (3.7.2000) by 1990 c. 8, s. 252(6A)(a)(b) (as inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 paras. 2, 7(9) (with Sch. 12 para. 9(1))); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

C60S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C64S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C65S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

C69S. 250(5) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 113(9)(10), 241(8) (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

C70S. 250(5) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 95(4)(5), 241(8) (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

C75S. 250(2)-(5) applied (with modifications) (1.4.2007) by The Water Resources Management Plan Regulations 2007 (S.I. 2007/727), reg. 5(2)

C77S. 250(2)-(5) applied (24.6.2007) by The Marine Works (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1518), regs. 21 22(a)(iv), {Sch. 5 para. 6(1)}

C79S. 250(2)-(5) applied (with modifications) (W.) (31.10.2007) by The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007 (S.I. 2007/2933), reg. 31(10)

C80S. 250(2)-(5) applied (with modifications) (29.12.2007) by The Maryport Harbour Revision Order 2007 (S.I. 2007/3463), art. 69 (with arts. 78, 80, 81)

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