Part XV Miscellaneous and General Provisions

Local inquiries and other hearings

C5C4C1C2C3C4322A F1Orders as to costs: supplementary.

1

This section applies where—

a

for the purposes of any proceedings under this Act—

i

the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and

ii

arrangements are made for a local inquiry or hearing to be held;

b

the inquiry or hearing does not take place; and

c

if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the M1Local Government Act 1972 requiring any party to pay any costs of any other party.

F21A

This section also applies where—

a

arrangements are made for a local inquiry or a hearing to be held pursuant to a determination under section 319A;

b

the inquiry or hearing does not take place; and

c

if it had taken place, the Secretary of State or a person appointed by the Secretary of State would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party.

2

Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.