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5.—(1) Subject to the following provisions of this paragraph, the procedure for deciding whether the conditions for referral of a case are satisfied shall be determined by the appointed person.
(2) The appointed person shall invite written representations from the notifying authority and the notified authority.
(3) The appointed person may also invite—
(a)further written representations from the notifying authority and the notified authority,
(b)written representations from any other person, and
(c)oral representations from any person.
(4) If the appointed person invites representations from any person, those representations may be made by a person acting on his behalf, whether or not legally qualified.
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