Statutory Instruments
1997 No. 712

TRIBUNALS AND INQUIRIES
The Electricity Generating Stations and Overhead Lines and Pipe-lines (Inquiries Procedure) (Amendment) Rules 1997

Made
10th March 1997

Laid before Parliament
10th March 1997

Coming into force
1st April 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 9(1), (2) and (3) of the Tribunals and Inquiries Act 1992(1), and after consultation with the Council on Tribunals, hereby makes the following Rules:—

Citation and commencement

1.  These Rules may be cited as the Electricity Generating Stations and Overhead Lines and Pipe-lines (Inquiries Procedure) (Amendment) Rules 1997 and shall come into force on 1st April 1997.

Amendments to 1990 Rules (electricity generating stations and overhead lines)

2.—(1) The Electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1990(2) shall be amended as follows.

(2) In rule 2(1), for the definition of “relevant planning authority”, there shall be substituted—

““relevant planning authority” has the same meaning as in sub-paragraph (a), (aa) or (ab) (as the case may be) of paragraph 2(6) of Schedule 8;”.

(3) In footnote (a) to rule 2(2)(a), there shall be inserted at the end—

“; paragraph 2(6) of Schedule 8 was amended by the Local Government (Wales) Act 1994 (c. 19), section 20(4) and Schedule 6, paragraph 22, and by the Environment Act 1995 (c. 25), section 78 and Schedule 10, paragraph 30. The former amendment came into force after the latter, and consequently sub-paragraph (3) of the said paragraph 30 applies, and not sub-paragraph (4) or (5) thereof”.

(4) In rule 11(1)(c)—

(a)in sub-paragraph (i), after “county” there shall be inserted “, county borough”;

(b)sub-paragraph (ii) shall be deleted; and

(c)in sub-paragraph (iii), for the words “section 1(2) of the Town and Country Planning Act 1971” there shall be substituted “section 2(1) or 2(1B) of the Town and Country Planning Act 1990”, and there shall be omitted the words “or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;”.

(5) Footnote (a) in relation to rule 11(1)(c)(ii) shall be deleted.

(6) For footnote (b) in relation to rule 11(1)(c)(iii), there shall be substituted—

“(b)1990 c. 8; section 2(1B) was inserted by the Local Government (Wales) Act 1994 (c. 19), section 19(1).”.

Amendments to 1995 Rules (pipe-lines)

3.—(1) The Pipe-lines (Inquiries Procedure) Rules 1995(3) shall be amended as follows.

(2) In rule 10(1)(d)—

(a)sub-paragraph (ii) shall be deleted; and

(b)in sub-paragraph (iii), after the words “section 2(1)”, there shall be inserted “or 2(1B)”, and there shall be omitted the words “or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;”.

(3) Footnote (a) in relation to rule 10(1)(d)(ii) shall be deleted.

(4) In footnote (b) to rule 10(1)(d)(iii), there shall be inserted at the end—

“; section 2(1B) was inserted by the Local Government (Wales) Act 1994 (c. 19), section 19(1)”.

Mackay of Clashfern, C.
Dated 10th March 1997

Explanatory Note

(This note is not part of the Rules)
These Rules amend the electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1990 and the Pipe-lines (Inquiries Procedure) Rules 1995. The amendments are principally consequential on the establishment of National Park authorities by virtue of the National Park Authorities (Wales) Order 1995 (S.I. 1995/2803) and the National Park Authorities (England) Order 1996 (S.I. 1996/1243). By virtue of these Orders, the former National Park Committees were replaced by the National Park authorities with effect from 1st April 1996 in Wales, and are similarly replaced, together with the Lake District Special Planning Board and the Peak Park Joint Planning Board, with effect from 1st April 1997 in England. These Rules amend references to these planning authorities appropriately. In relation to Wales, these Rules also insert a reference to county borough councils, which were established by the Local Government (Wales) Act 1994, and make amendments in relation to joint planning boards consequential on provisions made in that Act in relation to such boards.


(1)
1992 c. 53.

(2)
S.I. 1990/528.

(3)
S.I. 1995/1239.