Citation and commencement

1. These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2004 and shall come into force on 6th August 2004.

Application

2. —(1) These Regulations apply in England only.

(2) These Regulations apply in relation to any person (“the appointed person”) who is or has been appointed to conduct, or is or has been appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990(“the 1990 Act”) and whose remuneration, and travelling or subsistence allowances (if any) in respect of that appointment are to be paid to him by the local planning authority causing the examination to be held.

(3) These Regulations prescribe the sums payable in relation to any day on which an appointed person is engaged in the conduct of, or is otherwise engaged on work connected with, an examination in public and which is the day on which these Regulations come into force or any day after that day.

Standard daily amount

3. The standard daily amount prescribed under section 303A(8) of the 1990 Act is £342.

Travelling allowances

4. The travelling allowance prescribed under section 303A(8) of the 1990 Act in respect of the appointed person is—

(a) where he travels by means of his own private motor car, or such a vehicle for his use, in connection with the examination in public—

(i) where it is not reasonably practicable for him to travel by means of rail, bus or coach, 40 pence for each mile up to 10,000 miles and 25 pence for each mile in excess of 10,000;

(ii) where it is reasonably practicable for him to travel by means of rail, bus or coach, 25 pence per mile;

(iii) if he is accompanied by a passenger who is also an appointed person, the appointed person who is not a passenger is entitled to an additional allowance of 5 pence for each mile he travels in connection with the examination in public for every passenger.

(b) where he travels by means of his own private motor cycle, or such a vehicle for his use, 24 pence per mile;

(c) where he travels by means of a pedal cycle, 20 pence per mile;

(d) where he travels by means of transport other than that described in sub-paragraphs (a), (b) or (c), the actual cost of first class or other class of rail, bus, coach or taxi fares which he incurs except that taxi fares are included within such an allowance only to the extent that it is not reasonably practicable for the appointed person to travel by means of rail, bus or coach.

Subsistence allowance

5. —(1) The subsistence allowance prescribed under section 303A(8) of the 1990 Act, except as specified in paragraph (2), in respect of absence of the appointed person from his usual place of residence for the period described in the first column of the table in the Schedule to these Regulations, is the actual cost of meals consumed by that person during that period or the amount specified in relation to it in the second column of the Schedule, whichever is the less.

(2) For each complete period of 24 hours the appointed person necessarily spends away from his usual place of residence to enable him to conduct the business of the examination in public he shall be entitled to allowances of—

(a) the actual cost of accommodation and meals during that period, subject to a maximum amount of—

(i) £95 per night spent away from his place of residence, where the examination in public is in the area of the London boroughs, the City of London, the City of Westminster, the Inner Temple or the Middle Temple;

(ii) £75 per night where the examination in public is in any other area; or

(iii) £25 per night where the appointed person stays with friends or relatives; and

(b) £5 for incidental expenses.

Regulation 5

SCHEDULE SUBSISTENCE ALLOWANCE