1 Title, commencement and application

(1)    The title of these Regulations is the Local Inquiries, Qualifying Inquiries and Qualifying Procedures (Standard Daily Amount) (Wales) Regulations 2007 and they come into force on 1 April 2007.

(2)    These Regulations apply in relation to Wales.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see para (1) above.

2 Interpretation

2Interpretation

In these Regulations—

“local inquiry” means an inquiry in relation to which the National Assembly is entitled to recover its costs under or by virtue of section 250(4) of the Local Government Act 1972 (general provision as to costs of inquiries) or section 69(5) of the Land Drainage Act 1991 (costs of an inquiry under that Act);

“qualifying inquiry” means a qualifying inquiry within the meaning of that term in section 303A(1) of the 1990 Act (insofar as that section continues to have effect without the amendment inserted by section 118 of, and paragraph 11(2) of Schedule 6 to, the 2004 Act) and held in relation to the area of a local planning authority in respect of which the provisions set out in Schedule 2 to The Planning and Compulsory Purchase Act 2004 (Commencement No 6, Transitional Provisions and Savings) Order 2005 continue to have effect in accordance with article 3(3) of that Order;

“qualifying procedure” means a qualifying procedure within the meaning of that term in section 303A(1A) of the 1990 Act and held in relation to the area of a local planning authority in respect of which the repeals set out in Schedule 1 to The Planning and Compulsory Purchase Act 2004 (Commencement No 6, Transitional Provisions and Savings) Order 2005 have effect in accordance with article 2(g) of that Order.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

Construction Law97 Planning97 Local Government94 Acquisition, Compulsory Purchase & Disposition of Land94

3 Persons, inquiries and procedures to which these Regulations apply

3Persons, inquiries and procedures to which these Regulations apply

These Regulations apply in relation to—

(a)    a local inquiry;

(b)    any person appointed by the National Assembly to hold, or as one of the persons so appointed who are to hold, a qualifying inquiry; and

(c)    any person appointed by the National Assembly to hold a qualifying procedure.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

4 Standard daily amount for local inquiries

4Standard daily amount for local inquiries

The standard daily amount prescribed pursuant to section 42(4) of the Housing and Planning Act 1986 for a local inquiry opening on or after 1 April 2007 is £722.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

5 Standard daily amount for qualifying inquiries

5Standard daily amount for qualifying inquiries

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.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

6 Standard daily amount for qualifying procedures

6Standard daily amount for qualifying procedures

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.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

7 Revocations and savings

7Revocations and savings

(1)    The Fees for Inquiries (Standard Daily Amount) (Wales) Regulations 2002 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 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.

NOTES
Initial Commencement
Specified date

Specified date: 1 April 2007: see reg 1(1).

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D Elis-Thomas

The Presiding Officer of the National Assembly

6 March 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations apply where the National Assembly for Wales (“the National Assembly”) is authorised to recover from local authorities costs borne by it in connection with:

(a)    inquiries held under the Local Government Act 1972 (including compulsory purchase order inquiries, to which relevant provisions of the 1972 Act are applied by the Acquisition of Land Act 1981) and the Land Drainage Act 1991 (“Local Inquiries”);

(b)    qualifying inquiries as defined by Section 303A(1) of the Town and Country Planning Act 1990 (inquiries held in relation to Unitary Development Plans and consideration of objections to simplified planning zone schemes) (“Qualifying Inquiries”); and

(c)    qualifying procedures as defined by Section 303A(1A) of the Town and Country Planning Act 1990 (independent examinations held in relation to Local Development Plans and consideration of objections to simplified planning zone schemes) (“Qualifying Procedures”).

These Regulations prescribe the standard daily amounts which may be recovered by the National Assembly for each day on which—

(a)    a Local Inquiry sits or the person appointed to hold the Local Inquiry is otherwise engaged on work connected with it; or

(b)    the person appointed to hold a Qualifying Inquiry or, as the case may be, a Qualifying Procedure is engaged in the holding of, or otherwise engaged on work connected with, the Qualifying Inquiry or Qualifying Procedure

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 (SI 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 (SI 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.

Construction Law98 Planning98 Local Government91 Acquisition, Compulsory Purchase & Disposition of Land91