'(1) In the Town and Country Planning (Scotland) Act 1997 (c.8), there is inserted after section 265 (local inquiries) the following section—

''265A Planning inquiries to be held in public subject to certain exceptions

(1) This section applies to any inquiry held under section 265(1), paragraph 6 of Schedule 4, paragraph 5 of Schedule 6 or paragraph 8 of Schedule 7.

(2) Subject to subsection (3), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(3) If the Secretary of State is, or after consultation with the Secretary of State the Scottish Ministers are, satisfied in the case of any such inquiry—

(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in subsection (4), and

(b) that the public disclosure of that information would be contrary to the national interest,

he or as the case may be they may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons, or persons of such descriptions, as may be specified in the direction.

(4) The matters referred to in subsection (3)(a) are—

(a) national security, and

(b) the measures taken, or to be taken, to ensure the security of any premises or property.

(5) If the Secretary of State is, or the Scottish Ministers are, considering giving a direction under subsection (3) the Lord Advocate 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 be a person of a category mentioned in paragraph 1(a) or (b) of Schedule 4 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40).

(7) By rules—

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

(b) the Scottish Ministers may make provision as to the procedure to be followed by them before they give such a direction in such a case,

and as to the functions of such a person.

(8) The power to make rules under—

(a) paragraph (a) of subsection (7) must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament,

(b) paragraph (b) of that subsection must be exercised by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.''.

(2) In Schedule 3 to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (determinination of certain appeals by person appointed by the Scottish Ministers), in paragraph 6, after subparagraph (6) there is inserted the following subparagraph—

''(7) Subsections (2) to (8) of section 265A of the principal Act apply to an inquiry held under this paragraph as they apply to an inquiry held under section 265 of that Act.''.

(3) In the Schedule to the Planning (Hazardous Substances) (Scotland) Act 1997 (determination of certain appeals by person appointed by Scottish Ministers), in paragraph 6, after subparagraph (6) there is inserted the following subparagraph—

''(7) Subsections (2) to (8) of section 265A of the principal Act apply to an inquiry held under this paragraph as they apply to an inquiry held under section 265 of that Act.''.'.—[Yvette Cooper.]

Brought up, read the First and Second time, and added to the Bill.