Planning Act 2008

Yn ddilys o 01/10/2009

Council E+W+S

6 (1) There is to be a body of Commissioners to be known as the Commission's Council (“the Council”). E+W+S

(2) The members of the Council may be different for different purposes.

(3) Those purposes include (in particular)—

(a) the purpose of deciding a particular application referred under section 84;

(b) the purpose of responding to consultation about a matter.

(4) The members of the Council for any particular purpose are—

(a) the chair,

(b) each deputy, and

(c) the Commissioners appointed under paragraph 7 to be ordinary members of the Council for that purpose.

(5) The chair has the function of chairing the Council.

(6) The staff of the Commission have the function of providing or procuring support for members of the Council undertaking functions of the Council.

7 (1) The chair may appoint a Commissioner not within paragraph 6(4)(a) or (b) to be an ordinary member of the Council— E+W+S

(a) for a particular purpose or for particular purposes,

(b) for all purposes, or

(c) for all purposes other than any specified on making the appointment.

(2) The chair may at any time end a person's appointment as an ordinary member of the Council.

(3) A person may resign from being an ordinary member of the Council by giving notice in writing to the Commission.

(4) The power under sub-paragraph (2) may be exercised, and a person may under sub-paragraph (3) resign, in relation to all, or some one or more, of the purposes for which the person is an ordinary member of the Council.

(5) A person ceases to be an ordinary member of the Council if the person ceases to be a Commissioner.

(6) The power under sub-paragraph (1) is to be exercised so as to secure that the Council has for any particular purpose at least 5, but no more than 9, members in total.

(7) The Council's continuing identity for any particular purpose is to be taken not to be affected by—

(a) a person ceasing to be a member of the Council for that purpose, so long as there continue to be at least 5 people who are members of the Council for that purpose;

(b) any change in the person chairing the Council.

8 (1) Sub-paragraphs (2) and (3) apply to any function conferred or imposed on the chair by paragraph 6(5) or 7. E+W+S

(2) The chair may delegate the function to a deputy.

(3) If at any time there is (apart from this sub-paragraph) no-one who is able and available to carry the function, each deputy may carry out the function.

(4) A function delegated under sub-paragraph (2) may be delegated to such extent and on such terms as the chair determines.

9 (1) Before making or ending an appointment under paragraph 7, the person doing so must consult— E+W+S

(a) the other Commissioners who, for the purpose of responding to consultation about the matter, are members of the Council,

(b) any Commissioner not within paragraph (a) who the person thinks it appropriate to consult, and

(c) the chief executive of the Commission.

(2) In making or ending an appointment under paragraph 7, the person doing so must have regard to any views expressed about the matter—

(a) by any of the other Commissioners, or

(b) by the chief executive of the Commission.

10 (1) This paragraph applies where an application referred to the Council under section 84 relates to land in Wales (even if the application also relates to land not in Wales). E+W+S

(2) A person appointing Commissioners under paragraph 7(1) as ordinary members of the Council for the purpose of deciding the application must do so with a view to securing that, if reasonably practicable, at least one of the members of the Council for that purpose is—

(a) a Commissioner who was nominated for appointment as a Commissioner by the Welsh Ministers, or

(b) a Commissioner who is within sub-paragraph (3).

(3) A Commissioner is within this sub-paragraph if, when appointed to be a member of the Council, the Commissioner is one notified to the Commission by the Welsh Ministers as being a Commissioner who should be treated for the purposes of this paragraph as being a Commissioner within sub-paragraph (2)(a).