Town and Country Planning (Scotland) Act 1997

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) An inquiry held by a commission under this paragraph shall be a statutory inquiry for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative Justice and Tribunals Council).]

(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)

Marginal Citations

M1 1992 c. 53.