'(1) In section 321 of the principal Act (planning inquiries to be held in public subject to certain exceptions) after subsection (4) there are inserted the following subsections—

''(5) If the Secretary of State is considering giving a direction under subsection (3) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(6) A person appointed under subsection (5) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subsection (3) in a case where a person has been appointed under subsection (5);

(b) as to the functions of such a person.

(8) Rules made under subsection (7) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''

(2) In Schedule 3 to the listed buildings Act (determination of certain appeals by person appointed by the Secretary of State), in paragraph 6, after subparagraph (7) there are inserted the following subparagraphs—

''(7A) If the Secretary of State is considering giving a direction under subparagraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(7B) A person appointed under subparagraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7C) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subparagraph (6) in a case where a person has been appointed under subparagraph (7A);

(b) as to the functions of such a person.

(7D) Rules made under subparagraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''

(3) In the Schedule to the hazardous substances Act, in paragraph 6, after subparagraph (7) there are inserted the following subparagraphs—

''(7A) If the Secretary of State is considering giving a direction under subparagraph (6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(7B) A person appointed under subparagraph (7A) must have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c.41).

(7C) The Lord Chancellor may by rules make provision—

(a) as to the procedure to be followed by the Secretary of State before he gives a direction under subparagraph (6)

in a case where a person has been appointed under subparagraph (7A);

(b) as to the functions of such a person.

(7D) Rules made under subparagraph (7C) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.''.'.—[Keith Hill.]

Brought up, and read the First time.

Question proposed [this day], That the clause be read a Second time.

Question again proposed.

I remind the Committee that with this we are taking the following:

Government new clause 8—Special provision in relation to planning inquiries: Wales.

Government new clause 40—Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland.

When we finished this morning, I was considering the group of amendments headed by new clause 7 and was responding to two questions asked by the hon. Member for Isle of Wight (Mr. Turner). The Committee will recall that he asked, first, whether the application of the new clause was broader than the application of current legislation. The answer is yes. The considerations that will apply are now national security and the security of premises and properties. Both considerations may invoke a section 321(4) procedure. Secondly, he asked whether it were possible for a public inquiry to be split between a public and a private part. The answer again is yes; the details of that appear in the inquiry procedure rules.

The hon. Member for Ludlow (Matthew Green) asked about secret developments that are visible. The answer is that we expect applications for such manifest developments, but they will also be subject to section 321 direction.

The hon. Member for Chipping Barnet (Sir Sydney Chapman) asked about the application of human rights legislation to the proposals. I assure him that we believe that the proposals are human rights compliant. Indeed, he will recall that Ministers are required to make such a declaration in introducing all proposed legislation.

Finally, I must say a few words about the application of the amendments to Scotland. I fear that in this morning's debate I rather glossed over the Government amendments that apply to Scotland. I should like to make it clear that the substantive Scottish amendments—new clauses 41 and 45 and new schedule 3—parallel the equivalent parts of the English amendments, new clauses 6 and 16 and new schedule 1, and have a similar effect in Scotland, taking into account the differences in Scottish legislation. I hope that I have dealt with all the points raised by hon. Members.

Question put and agreed to.

Clause read a Second time, and added to the Bill.