PART 1Introductory and General Provisions

Competent authorities7

1

For the purposes of these Regulations, “competent authority” includes—

a

any Minister of the Crown (as defined in the Ministers of the Crown Act 1975 M1), government department, statutory undertaker, public body of any description or person holding a public office;

b

the Welsh Ministers; and

c

any person exercising any function of a person mentioned in sub-paragraph (a) or (b).

2

In the following provisions (and as provided in regulation 69(3)(a)), “competent authority” includes the Scottish Ministers—

a

regulation 70(2), in so far as that paragraph relates to a deemed grant of planning permission under—

i

section 57(2), (2A) and (2ZA) of the Town and Country Planning (Scotland) Act 1997 M2, to which regulation 70(1)(e)(ii) and (f) relate; or

ii

section 5(1) of the Pipe-lines Act 1962 M3, to which regulation 70(1)(e)(iii) relates;

b

Chapters 4 and 5 of Part 6.

3

In paragraph (1)—

  • public body” includes—

    1. a

      the Broads Authority M4;

    2. b

      a joint planning board within the meaning of section 2 of the TCPA 1990 (joint planning boards) M5;

    3. c

      a joint committee appointed under section 102(1)(b) of the Local Government Act 1972 (appointment of committees) M6;

    4. d

      a National Park authority; or

    5. e

      a local authority, which in this regulation means—

      1. i

        in relation to England, a county council, a district council, a parish council, a London borough council, the Common Council of the City of London, the sub-treasurer of the Inner Temple or the under treasurer of the Middle Temple;

      2. ii

        in relation to Wales, a county council, a county borough council or a community council;

  • public office” means—

    1. a

      an office under the Crown,

    2. b

      an office created or continued in existence by a public general Act or by legislation passed by the National Assembly for Wales, or

    3. c

      an office the remuneration in respect of which is paid out of money provided by Parliament or the National Assembly for Wales.