Part 6, Chapter 3: The single Commissioner Procedure
Section 78: Single Commissioner to handle application
155.This section states that the provisions of this Chapter apply where it has been decided that an application should be handled by a single Commissioner.
Section 79: Appointment of single Commissioner
156.This section states that the chair (or a deputy chair) to the Commission must appoint a Commissioner to handle the application and that he may make a self-appointment. The chair is required to consult, and take account of the views expressed by any other Commissioner or the chief executive.
Section 80: Ceasing to be the single Commissioner
157.This section describes how a person can cease to be a single Commissioner. For example if a Commissioner stops being a Commissioner, he will cease to be a single Commissioner, subject to the provisions of section 81.
Section 81: Single Commissioner continuing though ceasing to be Commissioner
158.This section provides that in certain circumstances a person can continue to act as a single Commissioner although he is no longer a Commissioner. The section makes provision corresponding to that made for Panel membership by section 67.
Section 82: Appointment of replacement single Commissioner
159.This section provides that when a person ceases to be a single Commissioner a replacement Commissioner must be appointed. When this happens the replacement single Commissioner may decide to treat any work carried out by his predecessor as his own work. If this happens the replacement single Commissioner must ensure he acquires the necessary knowledge of the previous work undertaken.
Sections 83 and 84: single Commissioner to examine and report on application/report from single Commissioner to be referred to Council
160.These sections provide that the single Commissioner is responsible for examining the application and then making a report to the authority responsible for determining the application. In the report the single Commissioner should set out his findings and conclusions and make a recommendation as to how the application should be determined. When the Commission is responsible for determining the application, the report is made to the Commission, who should refer it to the Council (see paragraphs 6 to 9 of Schedule 1 to the Act). In any other case it is made to the Secretary of State.
Section 85: Decisions made by the Council on the application
161.This section provides that at least five members of the Council must participate in any decision which requires majority agreement. The chair of the Council has a second (casting) vote.
