SCHEDULE 5COSTS AND PROCEDURE ON APPEALS ETC: FURTHER AMENDMENTS

Town and Country Planning Act 1990 (c. 8)

I18

TCPA 1990 is amended as follows.

I29

In section 175, in subsection (7), after “any proceedings” insert “ in England ”.

I310

In section 196, in subsection (8), after “any proceedings” insert “ in England ”.

I411

In section 208, omit subsection (11).

I512

1

Section 320 is amended as follows.

2

In subsection (1)—

a

after “Secretary of State” insert “ or the Welsh Ministers ”;

b

after “his” insert “ or their ”.

3

In subsection (2), for “held by virtue of this section” substitute “ caused to be held under this section by the Secretary of State; and subsections (2) and (3) of that section apply to an inquiry caused to be held under this section by the Welsh Ministers ”.

4

In subsection (3), for “held in England” substitute “ caused to be held by the Secretary of State ”.

I613

1

Section 322 is amended as follows.

2

Omit subsection (1AA).

3

In subsection (2), after “proceedings” insert “ in England ”.

4

In the heading, after “held” insert ”: England”.

I714

1

Section 322A is amended as follows.

2

In subsection (1)(a), after “proceedings” insert “ in England ”.

3

Omit subsection (1B).

I815

1

Section 323 is amended as follows.

2

In subsection (1), after “proceedings” insert “ in England ”.

3

Omit subsection (1B).

4

In the heading, after “applications” insert “ : England ”.

I916

1

Schedule 6 is amended as follows.

2

In paragraph 6—

a

in sub-paragraph (4), after “paragraph” insert “ in England ”;

b

after sub-paragraph (4) insert—

4A

Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.

c

in sub-paragraph (5), after “proceedings” insert “ in England ”.

3

In paragraph 8, in sub-paragraph (1), after “hearing held” insert “ in England ”.

Annotations:
Commencement Information
I9

Sch. 5 para. 16 partly in force; Sch. 5 para. 16 in force for specified purposes at 6.9.2015, see s. 58(2)(b)(4)(b)

I1017

In Schedule 7, in paragraph 8—

a

in sub-paragraph (6), after “hearing held” insert “ in England ”;

b

after sub-paragraph (6) insert—

6A

The power to make regulations under section 323A applies in relation to a local inquiry or other hearing held in Wales under this paragraph as it applies in relation to an inquiry or hearing held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a local planning authority.

I1118

In Schedule 8, in paragraph 5—

a

in sub-paragraph (3), after “inquiry held” insert “ in England ”;

b

after sub-paragraph (3) insert—

3ZA

The power to make regulations under section 323A applies in relation to an inquiry held in Wales by a commission under this paragraph as it applies in relation to an inquiry held by the Welsh Ministers under this Act and as if references in section 323A(3) and (4) to the Welsh Ministers included references to a commission.

c

in sub-paragraph (4), after “sub-paragraph (1)” insert “ in England, and subsections (2) and (3) of that section shall apply in relation to an inquiry held under that sub-paragraph in Wales, ”.