The Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2007

Interpretation

2.  In these Regulations—

“local inquiry” means an inquiry in relation to which the National Assembly is entitled to recover its costs under or by virtue of section 250(4) of the Local Government Act 1972(1) (general provision as to costs of inquiries) or section 69(5) of the Land Drainage Act 1991 (costs of an inquiry under that Act);

“qualifying inquiry” means a qualifying inquiry within the meaning of that term in section 303A(1) of the 1990 Act (insofar as that section continues to have effect without the amendment inserted by section 118 of, and paragraph 11(2) of Schedule 6 to, the 2004 Act) and held in relation to the area of a local planning authority in respect of which the provisions set out in Schedule 2 to The Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005(2) continue to have effect in accordance with article 3(3) of that Order;

“qualifying procedure” means a qualifying procedure within the meaning of that term in section 303A(1A) of the 1990 Act(3) and held in relation to the area of a local planning authority in respect of which the repeals set out in Schedule 1 to The Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 have effect in accordance with article 2(g) of that Order.

(1)

1972 c. 70.

(2)

S.I. 2005/2847 (C.118). By article 2(e) of the Order, the amendment of section 303A of the Act made by the 2004 Act came into force in relation to Wales on 12 October 2005. However, by article 3(3) of that Order, the provisions of section 303A as inserted by the Town and Country Planning (Costs of Inquiries etc) Act 1995 remain in force in relation to the areas of local planning authorities to whom the provisions in the 1990 Act relating to the preparation, alteration and replacement of unitary development plans continue to apply. The general effect of the several provisions referred to above is that where a local planning authority in Wales is subject to the local development plan regime, an independent examination will be held and the National Assembly will have power to prescribe a standard daily amount in relation to it. Where a local planning authority continues to be subject to the unitary development plan regime, however, a local inquiry will, where appropriate, be held and the National Assembly will continue to have power to prescribe a standard daily amount in relation to it.

(3)

Section 303(1A) was inserted into the 1990 Act by section 118 of, and paragraph 11 of Schedule 6 to, the 2004 Act.