The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

Fees for applications E+W+S

19.—(1) Upon making an application the applicant shall pay a fee to the Secretary of State calculated in accordance with Schedule 4 to these Rules.

(2) In the circumstances specified in paragraph (3), an applicant may make a request in writing to the Secretary of State for the repayment of any part of the fee paid pursuant to paragraph (1).

(3) The circumstances are—

(a) where, on a motion moved by a Minister of the Crown pursuant to section 9(4), either House of Parliament declines to pass a resolution approving proposals contained in the proposed order in question; or

(b) where the application is withdrawn before the expiration of the time limit specified in paragraph (4) (whether or not a motion pursuant to section 9(4) is to be, or has been, moved in relation to the application in question).

(4) The time limit is—

(a) in the case of an application in relation to which, pursuant to rules made under section 9 of the Tribunals and Inquiries Act 1992 M1 , the Secretary of State has given notice of his intention to hold a public inquiry, the expiration of the period of 14 days commencing with the date on which any such inquiry is closed;

(b) in the case of an application in relation to which the Secretary of State has given to any person the opportunity of appearing before and being heard by a person appointed by the Secretary of State pursuant to section 11(2), the expiration of the period of 14 days commencing with the date on which the person appointed ceases to hear any representations made to him as a consequence of that opportunity being afforded;

(c) in the case of an application in relation to which the provisions of rule 24 apply, the end of the day on which is completed the latest of such of the time periods specified in or pursuant to paragraphs (2) to (10) of that rule as shall apply to that application; or

(d) in any other case, the end of the operative date.

(5) Where a request is made pursuant to paragraph (2), the Secretary of State shall repay to the applicant such portion (if any) of the fee paid as the Secretary of State shall consider appropriate.

Marginal Citations

M1 1992 c. 53.