The Fees for Inquiries (Standard Daily Amount) Regulations 1994

Statutory Instruments

1994 No. 642

TRIBUNALS AND INQUIRIES

The Fees for Inquiries (Standard Daily Amount) Regulations 1994

Made

28th February 1994

Laid before Parliament

15th March 1994

Coming into force

5th April 1994

The Secretary of State and the Minister of Agriculture, Fisheries and Food, each being a Minister authorised under or by virtue of statutory provisions mentioned in section 42(1) of the Housing and Planning Act 1986(1) to recover costs incurred by him in relation to an inquiry or by statutory provisions to which section 42 is applied(2), in exercise of the powers conferred on them by section 42(4) of that Act, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Fees for Inquiries (Standard Daily Amount) Regulations 1994 and shall come into force on 5th April 1994.

Application

2.  These Regulations apply to inquiries in relation to which the Secretary State or the Minister of Agriculture, Fisheries and Food (as the case may be) is entitled to recover his costs under or by virtue of any of the following provisions, namely—

(a) section 250(4) of the Local Government Act 1972(3), (general provisions as to costs of inquiries),

(b) section 129(1)(d) of the Road Traffic Regulation Act 1984(4) (costs of inquiry under that Act),

(c) section 214(5) of the Water Resources Act 1991(5) (costs of inquiry under that section), and

(d) section 69(5) of the Land Drainage Act 1991(6) (costs of inquiry under that Act),

other than inquiries opened before 5th April 1994.

Standard Daily Amount

3.  The standard daily amount prescribed under section 42(4) of the Housing and Planning Act 1986 for inquiries to which these Regulations apply is—

(a) £320 for any day before 5th October 1994; and

(b) £350 for any day on or after 5th October 1994.

John Selwyn Gummer

One of Her Majesty’s Principal Secretaries of State

23rd February 1994

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

28th February 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in England and Wales, apply where a Minister is authorised under or by virtue of specified provisions to recover his costs in connection with the holding of an inquiry.

The Regulations specify a standard amount which may be charged for each day on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with it. The amount is £320 per day before 5th October 1994; and £350 per day on or after 5th October 1994.

(1)

1986 c. 63.Section 42(1)(b) was repealed by Part I of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c. 60) and section 42(1)(d) was repealed by Part II of Schedule 12 to the Local Government and Housing Act 1989 (c. 42).

(2)

Sections 214(7) of the Water Resources Act 1991 and 69(7) of the Land Drainage Act 1991 provide that section 42 of the Housing and Planning Act 1986 shall apply where either of the Ministers is duly authorised to recover costs incurred by him in relation to an inquiry as it applies where a Minister is so authorised by virtue of an enactment specified in section 42(1) of the 1986 Act.

(3)

1972 c. 70.

(4)

1984 c. 27.

(5)

1991 c. 57.

(6)

1991 c. 59.