Town and Country Planning (Scotland) Act 1997

Local inquiries held by commission S

5 (1) A commission shall, for the purpose of complying with paragraph 4(2), hold a local inquiry. S

(2) They may hold such an inquiry, if they think it necessary for the proper discharge of their functions, although neither the applicant nor the planning authority wish an opportunity to appear and be heard.

(3) Where a commission are to hold a local inquiry under this paragraph in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than paragraph 4 and this paragraph to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

(4) An inquiry held by a commission under this paragraph shall be treated for the purposes of the M1 Tribunals and Inquiries Act 1992 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

[F1 (4A) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(5) Subsections (4) to (13) of section 265 (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.

“ The responsible Minister or Ministers”

Textual Amendments

F1 Sch. 6 para. 5(4A) inserted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 50; S.I. 2007/2709, art. 3(b)(i)

F2 Sch. 6 para. 5(4A) 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. 17(a)

Marginal Citations

M1 1992 c. 53.

6 (1) In section 69 and this Schedule “the responsible Minister or Ministers” means, in relation to a matter specified in column 1 of the following Table (matters which may be referred to a Planning Inquiry Commission under section 69(2)), the Minister or Minsters specified opposite in column 2. S

(2) Where an entry in column 2 of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

TABLE

Referred Matter	Responsible Minister or Ministers
1. Application for planning permission or appeal under section 47— (a) relating to land to which section 218(1) applies;	(a) the Secretary of State and the appropriate Minister (if different);
(b) relating to other land.	(b) the Secretary of State.
2. Proposal that a government department should give a direction under section 57(1) or that development should be carried out by or on behalf of a government department.	The Secretary of State and the Minister (if different) in charge of the government department concerned.