|
| |
|
60 | Additional appointments to Panel |
| |
(1) | Subsections (2) and (3) apply at any time after the initial members of the Panel |
| |
have been appointed under section 57(1)(a). |
| |
(2) | The person appointed to chair the Commission may appoint a Commissioner |
| |
to be a member of the Panel. |
| 5 |
(3) | If at any time the Panel has only two members or a single member, it is the duty |
| |
of the person appointed to chair the Commission to ensure that the power |
| |
under subsection (2) is exercised so as to secure that the Panel again has at least |
| |
| |
(4) | A person appointed under subsection (2) becomes a member of the Panel in |
| 10 |
addition to any person who is otherwise a member of the Panel. |
| |
(5) | A person may under subsection (2) make a self-appointment. |
| |
61 | Replacement of lead member of Panel |
| |
(1) | Subsection (2) applies where a person ceases to hold the office of lead member. |
| |
(2) | The person appointed to chair the Commission must appoint a member of the |
| 15 |
Panel to chair the Panel. |
| |
(3) | A person may be appointed under subsection (2) even though that person was |
| |
not a member of the Panel when the vacancy arose. |
| |
(4) | A person may under subsection (2) make a self-appointment. |
| |
62 | Membership of Panel where application relates to land in Wales |
| 20 |
(1) | This section applies where the application relates to land in Wales (even if it |
| |
also relates to land not in Wales). |
| |
(2) | A person exercising power under section 57(1)(a) or 60(2) must do so with a |
| |
view to securing that, if reasonably practicable, at least one of the members of |
| |
| 25 |
(a) | a Commissioner who was nominated for appointment as a |
| |
Commissioner by the Welsh Ministers, or |
| |
(b) | a Commissioner who is within subsection (3). |
| |
(3) | A Commissioner is within this subsection if, when appointed to be a member |
| |
of the Panel, the Commissioner is one notified to the Commission by the Welsh |
| 30 |
Ministers as being a Commissioner who should be treated for the purposes of |
| |
this section as being a Commissioner within subsection (2)(a). |
| |
63 | Supplementary provision where Panel replaces single Commissioner |
| |
(1) | Subsections (2) and (3) apply where this Chapter applies as the result of a |
| |
decision under section 54(2). |
| 35 |
(2) | A Commissioner who has handled the application under Chapter 3— |
| |
(a) | may be appointed under section 57(1)(a) or 60(2) as a member of the |
| |
| |
(b) | if a member of the Panel, may be appointed under section 57(1)(b) or |
| |
61(2) to chair the Panel. |
| 40 |
|
| |
|
| |
|
(3) | The Panel may, so far as it thinks appropriate, decide to treat things done by or |
| |
in relation to a Commissioner in proceedings under Chapter 3 on the |
| |
application as done by or in relation to the Panel. |
| |
(4) | Where the Panel makes a decision under subsection (3), the lead member is |
| |
under a duty to ensure that the membership of the Panel has the necessary |
| 5 |
knowledge of the proceedings under Chapter 3 on the application. |
| |
64 | Panel ceasing to have any members |
| |
(1) | If the Panel ceases to have any members, a new Panel must be constituted |
| |
| |
(2) | At times after the new Panel has been constituted (but subject to the further |
| 10 |
application of this subsection in the event that the new Panel ceases to have any |
| |
members), references in this Chapter to the Panel are to be read as references |
| |
| |
(3) | The new Panel may, so far as it thinks appropriate, decide to treat things— |
| |
(a) | done by or in relation to a previous Panel appointed to handle the |
| 15 |
| |
(b) | treated under section 63(3) as done by or in relation to a previous Panel |
| |
appointed to handle the application, |
| |
| as done by or in relation to the new Panel. |
| |
(4) | Where the Panel makes a decision under subsection (3), the lead member is |
| 20 |
under a duty to ensure that the membership of the Panel has the necessary |
| |
knowledge of the proceedings on the application up until the reconstitution of |
| |
| |
(5) | The power under section 60(2) is not exercisable at times when the Panel has |
| |
| 25 |
65 | Consequences of changes in Panel |
| |
(1) | The Panel’s continuing identity is to be taken not to be affected by— |
| |
(a) | any change in the membership of the Panel; |
| |
(b) | the Panel’s coming to have only two members or a single member; |
| |
(c) | any change in the lead member; |
| 30 |
(d) | a vacancy in that office. |
| |
(2) | When there is a change in the membership of the Panel, the lead member is |
| |
under a duty to ensure that the membership of the Panel after the change has |
| |
the necessary knowledge of the proceedings on the application up until the |
| |
| 35 |
(3) | Subsection (2) does not apply where the change occurs as a result of the Panel |
| |
being reconstituted as required by section 64(1). |
| |
Panel’s role in relation to application |
| |
66 | Panel to decide, or make recommendation in respect of, application |
| |
(1) | Where a national policy statement has effect in relation to development of the |
| 40 |
description to which the application relates, the Panel has the functions of— |
| |
|
| |
|
| |
|
(a) | examining the application, and |
| |
(b) | deciding the application. |
| |
(2) | In any other case, the Panel has the functions of— |
| |
(a) | examining the application, and |
| |
(b) | making a report to the Secretary of State on the application setting |
| 5 |
| |
(i) | the Panel’s findings and conclusions in respect of the |
| |
| |
(ii) | the Panel’s recommendation as to the decision to be made on |
| |
| 10 |
(3) | The Panel’s functions under this section are to be carried out in accordance |
| |
| |
(4) | The staff of the Commission have the function of providing or procuring |
| |
support for members of the Panel undertaking the Panel’s functions under this |
| |
| 15 |
67 | Decision-making by the Panel |
| |
(1) | The making of a decision by the Panel requires the agreement of a majority of |
| |
| |
(2) | The lead member has a second (or casting) vote in the event that the number of |
| |
members of the Panel agreeing to a proposed decision is the same as the |
| 20 |
number of members not so agreeing. |
| |
68 | Allocation within Panel of Panel’s functions |
| |
(1) | This section applies in relation to the Panel’s examination of the application. |
| |
(2) | The Panel, as an alternative to itself undertaking a part of the examination, may |
| |
allocate the undertaking of that part to any one or more of the members of the |
| 25 |
| |
(3) | Where there is an allocation under subsection (2)— |
| |
(a) | anything that under Chapter 4 is required or authorised to be done by |
| |
or to the Panel in connection with the allocated part of the examination |
| |
may be done by or to the member or members concerned (or by or to |
| 30 |
| |
(b) | findings and conclusions of the member or members concerned in |
| |
respect of the matters allocated are to be taken to be the Panel’s. |
| |
(4) | Subsection (3)(b) has effect subject to any decision of the Panel, made on the |
| |
occasion of making the allocation or earlier, as to the status of any such findings |
| 35 |
| |
(5) | Where there is an allocation under subsection (2) to two or more of the |
| |
members of the Panel, the making of a decision by the members concerned |
| |
requires the agreement of all of them. |
| |
69 | Exercise of Panel’s powers for examining application |
| 40 |
(1) | In this section “procedural power” means any power conferred on the Panel for |
| |
the purposes of its examination of the application. |
| |
|
| |
|
| |
|
(2) | A procedural power, as well as being exercisable by the Panel itself, is also |
| |
(subject to subsection (3)) exercisable by any one or more of the members of the |
| |
| |
(3) | The Panel may decide to restrict or prohibit the exercise of a procedural power |
| |
otherwise than by the Panel itself. |
| 5 |
| |
(a) | applies whether or not there is an allocation under section 68(2), and |
| |
(b) | where there is such an allocation, is in addition to section 68(3)(a). |
| |
(5) | Subsection (3) does not authorise curtailment of power conferred by section |
| |
| 10 |
| |
The single-Commissioner procedure |
| |
| |
70 | Single Commissioner to handle application |
| |
(1) | This Chapter applies where— |
| 15 |
(a) | the Commission accepts an application for an order granting |
| |
| |
(b) | under section 53(2), it is decided that the application is to be handled by |
| |
a single Commissioner under this Chapter. |
| |
(2) | In this Chapter “the single Commissioner” means the person who is appointed |
| 20 |
to handle the application under this Chapter. |
| |
71 | Appointment of single Commissioner |
| |
(1) | The person appointed to chair the Commission must appoint a Commissioner |
| |
to handle the application. |
| |
(2) | A person may under subsection (1) make a self-appointment. |
| 25 |
(3) | Before making an appointment under subsection (1), the person making the |
| |
appointment must consult— |
| |
(a) | the other Commissioners who, for the purpose of responding to |
| |
consultation about the appointment, are members of the Council, |
| |
(b) | any Commissioner not within paragraph (a) who the person thinks it |
| 30 |
appropriate to consult, and |
| |
(c) | the chief executive of the Commission. |
| |
(4) | In making an appointment under subsection (1), the person making the |
| |
appointment must have regard to any views expressed— |
| |
(a) | by any of the other Commissioners, or |
| 35 |
(b) | by the chief executive of the Commission, |
| |
| as to which Commissioner should be appointed. |
| |
|
| |
|