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(  9  )

 
 

“( )   

provision as to the calculation of the charge or fee (including

 

the person by whom it is to be calculated);

 

( )   

circumstances in which no charge or fee is to be paid;”

50

Page 40, line 25, at end insert—

 

“( )   

After subsection (5) there are inserted the following subsections—

 

“(5A)   

If the local planning authority calculate the amount of fees or

 

charges in pursuance of provision made by regulations under

 

subsection (1) the authority must secure that, taking one financial

 

year with another, the income from the fees or charges does not

 

exceed the cost of the performance of the function or doing of the

 

thing (as the case may be).

 

(5B)   

A financial year is the period of 12 months beginning with 1

 

April.””

Clause 52

51

Page 40, line 40, leave out subsection (4) and insert—

 

“( )   

The consultee must give a substantive response to any consultation

 

mentioned in subsection (2) or by virtue of subsection (3) before the end

 

of—

 

(a)   

the period prescribed for the purposes of this subsection, or

 

(b)   

such other period as is agreed in writing between the consultee and

 

the appropriate authority or the local planning authority (as the

 

case may be).”

Clause 56

52

Page 42, line 40, leave out from “in” to end of line and insert—

 

“(a)   

paragraph (a) of section 57(4) below, or

 

(b)   

paragraph (b) of that section, if it is a decision mentioned in section

 

177 of the principal Act (grant or modification of planning

 

permission on appeal against enforcement notice).”

53

Page 42, line 40, at end insert—

 

“( )   

Section 289 of the principal Act (appeals to the High Court relating to

 

enforcement notices and notices under section 207 of that Act) applies to

 

the correction notice as if it were a decision of the Secretary of State

 

mentioned in—

 

(a)   

subsection (1) of that section, if the decision document in respect of

 

which the correction notice is given records a decision mentioned in

 

paragraph (b) of section 57(4) below (not being a decision

 

mentioned in section 177 of the principal Act), or

 

(b)   

subsection (2) of that section, if the decision document in respect of

 

which the correction notice is given records a decision mentioned in

 

paragraph (c) of section 57(4) below.”

Clause 63

54

Page 47, line 26, after “unsatisfactory” insert “—

 

(a)”   


 

(  10  )

55

Page 47, line 28, at end insert—

 

“(b)   

if it gives such a direction it must state its reasons for doing so.”

56

Page 48, line 6, at end insert “and the reasons of the person making the

 

recommendations”

Clause 69

57

Page 49, line 27, at end insert—

 

“( )   

The Assembly must give reasons for anything it does in pursuance of

 

subsection (4).”

Clause 78

58

Page 54, line 35, leave out “such a person” and insert “a person appointed under

 

subsection (5) or (6)”

59

Page 54, line 38, at end insert—

 

“( )   

If a person is appointed under subsection (5) or (6) (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 subsection (4) (the responsible person) to pay the fees and

 

expenses of the appointed representative.

 

( ) 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.

 

( ) The Secretary of State must cause the amount agreed between the

 

appointed representative and the responsible person or determined

 

by him to be certified.

 

( ) An amount so certified is recoverable from the responsible person

 

as a civil debt.”

60

Page 54, line 39, leave out subsections (2) and (3) and insert—

 

“( )   

After section 321 of the principal Act (planning inquiries to be held in

 

public subject to certain exceptions) there is inserted the following

 

section—

 

“321A  Appointed representative: no inquiry

 

(1)   

This section applies if—

 

(a)   

a person is appointed under subsection (5) or (6) of section

 

321, but

 

(b)   

no inquiry is held as mentioned in subsection (1) of that

 

section.

 

(2)   

Subsections (9) to (12) of section 321 apply in respect of the fees and

 

expenses of the person appointed as if the inquiry had been held.

 

(3)   

For the purposes of subsection (2) the responsible person is the

 

person to whom the Secretary of State thinks he would have given

 

a direction under section 321(9) if an inquiry had been held.

 

(4)   

This section does not affect section 322A.”


 

(  11  )

 
 

( )   

In Schedule 3 to the listed buildings 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

 

direction is given.

 

      (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-

 

paragraph (1);

 

(b)   

as to the functions of a person appointed under sub-

 

paragraph (1) or (2).

 

      (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

 

person as a civil debt.

 

      (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

 

held.

 

     (12)  

Sub-paragraphs (9) to (11) do not affect paragraph 6(8).”


 

(  12  )

 
 

( )   

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

 

direction is given.

 

      (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-

 

paragraph (1);

 

(b)   

as to the functions of a person appointed under sub-

 

paragraph (1) or (2).

 

      (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

 

person as a civil debt.

 

      (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

 

held.

 

     (12)  

Sub-paragraphs (9) to (11) do not affect paragraph 6(8).”

Clause 79

61

Page 55, line 37, leave out from “section” to “there” in line 38 and insert “321A of

 

the principal Act (inserted by section 78 above)”


 
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