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| |
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| |
| | “( ) | provision as to the calculation of the charge or fee (including |
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| | the person by whom it is to be calculated); |
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| | ( ) | circumstances in which no charge or fee is to be paid;” |
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50 | Page 40, line 25, at end insert— |
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| | “( ) | After subsection (5) there are inserted the following subsections— |
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| | “(5A) | If the local planning authority calculate the amount of fees or |
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| | charges in pursuance of provision made by regulations under |
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| | subsection (1) the authority must secure that, taking one financial |
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| | year with another, the income from the fees or charges does not |
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| | exceed the cost of the performance of the function or doing of the |
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| | thing (as the case may be). |
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| | (5B) | A financial year is the period of 12 months beginning with 1 |
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| | |
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51 | Page 40, line 40, leave out subsection (4) and insert— |
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| | “( ) | The consultee must give a substantive response to any consultation |
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| | mentioned in subsection (2) or by virtue of subsection (3) before the end |
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| | |
| | (a) | the period prescribed for the purposes of this subsection, or |
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| | (b) | such other period as is agreed in writing between the consultee and |
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| | the appropriate authority or the local planning authority (as the |
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| | |
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52 | Page 42, line 40, leave out from “in” to end of line and insert— |
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| | “(a) | paragraph (a) of section 57(4) below, or |
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| | (b) | paragraph (b) of that section, if it is a decision mentioned in section |
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| | 177 of the principal Act (grant or modification of planning |
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| | permission on appeal against enforcement notice).” |
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53 | Page 42, line 40, at end insert— |
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| | “( ) | Section 289 of the principal Act (appeals to the High Court relating to |
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| | enforcement notices and notices under section 207 of that Act) applies to |
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| | the correction notice as if it were a decision of the Secretary of State |
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| | |
| | (a) | subsection (1) of that section, if the decision document in respect of |
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| | which the correction notice is given records a decision mentioned in |
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| | paragraph (b) of section 57(4) below (not being a decision |
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| | mentioned in section 177 of the principal Act), or |
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| | (b) | subsection (2) of that section, if the decision document in respect of |
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| | which the correction notice is given records a decision mentioned in |
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| | paragraph (c) of section 57(4) below.” |
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|
54 | Page 47, line 26, after “unsatisfactory” insert “— |
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| | |
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| |
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55 | Page 47, line 28, at end insert— |
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| | “(b) | if it gives such a direction it must state its reasons for doing so.” |
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56 | Page 48, line 6, at end insert “and the reasons of the person making the |
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| | |
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57 | Page 49, line 27, at end insert— |
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| | “( ) | The Assembly must give reasons for anything it does in pursuance of |
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| | |
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58 | Page 54, line 35, leave out “such a person” and insert “a person appointed under |
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| | |
59 | Page 54, line 38, at end insert— |
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| | “( ) | If a person is appointed under subsection (5) or (6) (the appointed |
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| | representative) the Secretary of State may direct any person who he |
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| | thinks is interested in the inquiry in relation to a matter mentioned |
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| | in subsection (4) (the responsible person) to pay the fees and |
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| | expenses of the appointed representative. |
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| | ( ) If the appointed representative and the responsible person are |
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| | unable to agree the amount of the fees and expenses, the amount |
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| | must be determined by the Secretary of State. |
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| | ( ) The Secretary of State must cause the amount agreed between the |
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| | appointed representative and the responsible person or determined |
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| | |
| | ( ) An amount so certified is recoverable from the responsible person |
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| | |
60 | Page 54, line 39, leave out subsections (2) and (3) and insert— |
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| | “( ) | After section 321 of the principal Act (planning inquiries to be held in |
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| | public subject to certain exceptions) there is inserted the following |
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| | |
| | | “321A Appointed representative: no inquiry |
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| | (1) | This section applies if— |
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| | (a) | a person is appointed under subsection (5) or (6) of section |
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| | |
| | (b) | no inquiry is held as mentioned in subsection (1) of that |
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| | |
| | (2) | Subsections (9) to (12) of section 321 apply in respect of the fees and |
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| | expenses of the person appointed as if the inquiry had been held. |
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| | (3) | For the purposes of subsection (2) the responsible person is the |
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| | person to whom the Secretary of State thinks he would have given |
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| | a direction under section 321(9) if an inquiry had been held. |
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| | (4) | This section does not affect section 322A.” |
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| |
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| |
| | ( ) | In Schedule 3 to the listed buildings Act (determination of certain appeals |
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| | by person appointed by the Secretary of State) after paragraph 6 there is |
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| | inserted the following paragraph— |
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| | “6A (1) | If the Secretary of State is considering giving a direction under |
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| | paragraph 6(6) the Attorney General may appoint a person to |
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| | represent the interests of any person who will be prevented from |
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| | hearing or inspecting any evidence at a local inquiry if the |
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| | |
| | (2) | If before the Secretary of State gives a direction under paragraph |
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| | 6(6) no person is appointed under sub-paragraph (1), the |
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| | Attorney General may at any time appoint a person as |
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| | mentioned in sub-paragraph (1) for the purposes of the inquiry. |
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| | (3) | The Lord Chancellor may by rules make provision— |
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| | (a) | as to the procedure to be followed by the Secretary of |
|
| | State before he gives a direction under paragraph 6(6) in |
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| | a case where a person has been appointed under sub- |
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| | |
| | (b) | as to the functions of a person appointed under sub- |
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| | |
| | (4) | If a person is appointed under sub-paragraph (1) or (2) (the |
|
| | appointed representative) the Secretary of State may direct any |
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| | person who he thinks is interested in the inquiry in relation to a |
|
| | matter mentioned in paragraph 6(7) (the responsible person) to |
|
| | pay the fees and expenses of the appointed representative. |
|
| | (5) | If the appointed representative and the responsible person are |
|
| | unable to agree the amount of the fees and expenses, the amount |
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| | must be determined by the Secretary of State. |
|
| | (6) | The Secretary of State must cause the amount agreed between the |
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| | appointed representative and the responsible person or |
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| | determined by him to be certified. |
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| | (7) | An amount so certified is recoverable from the responsible |
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| | |
| | (8) | Rules made under sub-paragraph (3) must be contained in a |
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| | statutory instrument subject to annulment in pursuance of a |
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| | resolution of either House of Parliament. |
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| | (9) | Sub-paragraph (10) applies if— |
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| | (a) | a person is appointed under sub-paragraph (1) or (2), but |
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| | (b) | no inquiry is held as mentioned in paragraph 6(1). |
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| | (10) | Sub-paragraphs (4) to (7) above apply in respect of the fees and |
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| | expenses of the person appointed as if the inquiry had been held. |
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| | (11) | For the purposes of sub-paragraph (10) the responsible person is |
|
| | the person to whom the Secretary of State thinks he would have |
|
| | given a direction under sub-paragraph (4) if an inquiry had been |
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| | |
| | (12) | Sub-paragraphs (9) to (11) do not affect paragraph 6(8).” |
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|
| |
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| |
| | ( ) | In the Schedule to the hazardous substances Act (determination of certain |
|
| | appeals by person appointed by the Secretary of State) after paragraph 6 |
|
| | there is inserted the following paragraph— |
|
| | “6A (1) | If the Secretary of State is considering giving a direction under |
|
| | paragraph 6(6) the Attorney General may appoint a person to |
|
| | represent the interests of any person who will be prevented from |
|
| | hearing or inspecting any evidence at a local inquiry if the |
|
| | |
| | (2) | If before the Secretary of State gives a direction under paragraph |
|
| | 6(6) no person is appointed under sub-paragraph (1), the |
|
| | Attorney General may at any time appoint a person as |
|
| | mentioned in sub-paragraph (1) for the purposes of the inquiry. |
|
| | (3) | The Lord Chancellor may by rules make provision— |
|
| | (a) | as to the procedure to be followed by the Secretary of |
|
| | State before he gives a direction under paragraph 6(6) in |
|
| | a case where a person has been appointed under sub- |
|
| | |
| | (b) | as to the functions of a person appointed under sub- |
|
| | |
| | (4) | If a person is appointed under sub-paragraph (1) or (2) (the |
|
| | appointed representative) the Secretary of State may direct any |
|
| | person who he thinks is interested in the inquiry in relation to a |
|
| | matter mentioned in paragraph 6(7) (the responsible person) to |
|
| | pay the fees and expenses of the appointed representative. |
|
| | (5) | If the appointed representative and the responsible person are |
|
| | unable to agree the amount of the fees and expenses, the amount |
|
| | must be determined by the Secretary of State. |
|
| | (6) | The Secretary of State must cause the amount agreed between the |
|
| | appointed representative and the responsible person or |
|
| | determined by him to be certified. |
|
| | (7) | An amount so certified is recoverable from the responsible |
|
| | |
| | (8) | Rules made under sub-paragraph (3) must be contained in a |
|
| | statutory instrument subject to annulment in pursuance of a |
|
| | resolution of either House of Parliament. |
|
| | (9) | Sub-paragraph (10) applies if— |
|
| | (a) | a person is appointed under sub-paragraph (1) or (2), but |
|
| | (b) | no inquiry is held as mentioned in paragraph 6(1). |
|
| | (10) | Sub-paragraphs (4) to (7) above apply in respect of the fees and |
|
| | expenses of the person appointed as if the inquiry had been held. |
|
| | (11) | For the purposes of sub-paragraph (10) the responsible person is |
|
| | the person to whom the Secretary of State thinks he would have |
|
| | given a direction under sub-paragraph (4) if an inquiry had been |
|
| | |
| | (12) | Sub-paragraphs (9) to (11) do not affect paragraph 6(8).” |
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|
61 | Page 55, line 37, leave out from “section” to “there” in line 38 and insert “321A of |
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| | the principal Act (inserted by section 78 above)” |
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|
