SCHEDULE 5COSTS AND PROCEDURE ON APPEALS ETC: FURTHER AMENDMENTS

Town and Country Planning Act 1990 (c. 8)

I1I128

TCPA 1990 is amended as follows.

I2I139

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

I3I1410

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

I4I1511

In section 208, omit subsection (11).

I5I1612

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 ”.

I6I1713

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”.

I7I1814

1

Section 322A is amended as follows.

2

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

3

Omit subsection (1B).

I8I2215

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

I19I231

Schedule 6 is amended as follows.

I202

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 ”.

I233

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)

I19

Sch. 5 para. 16(1) in force at 1.3.2016 for specified purposes by S.I. 2016/52, art. 4(b) (with art. 17)

I23

Sch. 5 para. 16(1)(3) in force at 5.5.2017 in so far as not already in force by S.I. 2017/546, art. 3(e)

I20

Sch. 5 para. 16(2) in force at 1.3.2016 in so far as not already in force by S.I. 2016/52, art. 4(b) (with art. 17)

I10I2417

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.

I11I21I2518

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, ”.