Made | 6 March 2007 | ||
Coming into force | 1 April 2007 |
Persons, inquiries and procedures to which these Regulations apply
3.
These Regulations apply in relation to—
Standard daily amount for local inquiries
4.
The standard daily amount prescribed pursuant to section 42(4) of the Housing and Planning Act 1986[14] for a local inquiry opening on or after 1 April 2007 is £722.
Standard daily amount for qualifying inquiries
5.
The standard daily amount prescribed pursuant to section 303A(5) of the 1990 Act for a qualifying inquiry opening on or after 1 April 2007 is £679.
Standard daily amount for qualifying procedures
6.
The standard daily amount prescribed pursuant to section 303A(5) of the 1990 Act for a qualifying procedure opening on or after 1 April 2007 is £640.
Revocations and savings
7.
—(1) The Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002[15] are revoked, otherwise than in relation to an inquiry to which those Regulations applied and which opened before, and remains open after, 1 April 2007.
(2) The Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (Wales) Regulations 2005[16] are revoked, otherwise than in relation to a qualifying inquiry to which those Regulations applied and which opened before, and remains open after, 1 April 2007.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[17]
D. Elis-Thomas
The Presiding Officer of the National Assembly
6 March 2007
These Regulations prescribe the standard daily amounts which may be recovered by the National Assembly for each day on which—
The standard daily amount in relation to Local Inquiries opening on or after 1 April 2007 is £722. This replaces the amount of £645, which was prescribed by the Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002 (S.I. 2002/2780) (W.264) ("the 2002 Regulations") for inquiries opening on or after 1 April 2003.
The standard daily amount in relation to Qualifying Inquiries opening on or after 1 April 2007 is £679. This is the same as the amount previously prescribed by the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (Wales) Regulations 2005 (S.I. 2005/371) (W.35) ("the 2005 Regulations") for Qualifying Inquiries opening on or after 1 April 2005.
The standard daily amount in relation to Qualifying Procedures is £640. This is the first time a standard daily amount has been prescribed for Qualifying Procedures.
These Regulations revoke the provisions relating to standard daily amounts in the 2002 Regulations and the 2005 Regulations, but include savings in respect of Local Inquiries and Qualifying Inquiries which opened before 1 April 2007 and which remain open.
[2] Section 42(1)(b) was repealed by Part I of Schedule 3 to the Water Consolidation (Consequential Provisions) Act 1991 (c.60) and section 42(1)(d) was repealed by Part II of Schedule 12 to the Local Government and Housing Act 1989 (c.42). Section 129(1)(d) of the Road Traffic Regulation Act 1984 (c.27) (costs of inquiry under that Act), to which section 42(1)(c) of the Housing and Planning Act 1986 refers, was repealed by Schedule 3 to the Inquiries Act 2005 (c.12).back
[3] Section 69(7) of the Land Drainage Act 1991 (c.59) provides that section 42 of the Housing and Planning Act 1986 applies where either of "the Ministers" is duly authorised to recover costs incurred by that Minister as it applies where a Minister is so authorised by virtue of any enactment specified in section 42(1) of the 1986 Act. Section 69(5) of the 1991 Act authorises either of "the Ministers", i.e. the Secretary of State or the Minister of Agriculture, Fisheries and Food (see section 72(1) of the 1991 Act and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) for the definition of "the Ministers") to recover costs incurred by that Minister in relation to an inquiry held by the Minister. The powers of the Secretary of State were transferred, in so far as exercisable in relation to Wales, to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back
[4] Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253 (W.5)) provides for the powers of a Minister under section 42 of the Housing and Planning Act 1986 to be exercisable, in relation to Wales, by the National Assembly for Wales concurrently with any Minister of the Crown by whom they are exercisable.back
[7] See the footnote to the definition of "qualifying inquiry" in regulation 2.back
[8] The relevant functions of the Secretary of State were transferred, so far as exercisable in relation to Wales, to the National Assembly by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and are now exercisable by the National Assembly pursuant to the National Assembly for Wales (Transfer of Functions) Order 2000, article 4; see the entry for the 1990 Act in Schedule 3 to the 2000 Order.back
[9] See the footnote to the definition of "qualifying inquiry" in regulation 2.back
[12] S.I. 2005/2847 (C.118). By article 2(e) of the Order, the amendment of section 303A of the Act made by the 2004 Act came into force in relation to Wales on 12 October 2005. However, by article 3(3) of that Order, the provisions of section 303A as inserted by the Town and Country Planning (Costs of Inquiries etc) Act 1995 remain in force in relation to the areas of local planning authorities to whom the provisions in the 1990 Act relating to the preparation, alteration and replacement of unitary development plans continue to apply. The general effect of the several provisions referred to above is that where a local planning authority in Wales is subject to the local development plan regime, an independent examination will be held and the National Assembly will have power to prescribe a standard daily amount in relation to it. Where a local planning authority continues to be subject to the unitary development plan regime, however, a local inquiry will, where appropriate, be held and the National Assembly will continue to have power to prescribe a standard daily amount in relation to it.back
[13] Section 303(1A) was inserted into the 1990 Act by section 118 of, and paragraph 11 of Schedule 6 to, the 2004 Act.back
[15] S.I. 2002/2780 (W.264).back
[16] S.I. 2005/371 (W.35).back