Part XV Miscellaneous and General Provisions

Local inquiries and other hearings

F1322A Orders 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.

F2(1A)

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.

F3(1B)

This section also applies where—

(a)

arrangements are made for a local inquiry or a hearing to be held pursuant to a determination of the Welsh Ministers under section 319B;

(b)

the inquiry or hearing does not take place; and

(c)

if it had taken place, the Welsh Ministers or a person appointed by the Welsh Ministers 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.

F4(3)

Where this section applies in the case of an inquiry or hearing which was to take place in England but did not, section 250(4) of that Act applies to costs incurred by the Secretary of State or a person appointed by the Secretary of State as if—

(a)

in the case of an inquiry, the inquiry had taken place;

(b)

in the case of a hearing, the hearing were an inquiry which had taken place.

(4)

In its application for that purpose, section 250(4) of that Act has effect as if—

(a)

after “the costs incurred by him in relation to the inquiry” there were inserted “ , or such portion of those costs as he may direct, ”, and

(b)

after “the amount of the costs so incurred” there were inserted “ or, where he directs a portion of them to be paid, the amount of that portion ”.

(5)

Section 42 of the Housing and Planning Act 1986 (recovery of Minister's costs) applies to costs incurred in relation to a hearing of the kind referred to in subsection (1) or (1A) which was to take place in England but did not as it applies to costs incurred in relation to an inquiry which was to take place but did not.