Planning Act 2008 (c. 29)

Part 6 E+W+S Deciding applications for orders granting development consent

Yn ddilys o 01/03/2010

Chapter 2 E+W+S The Panel procedure

Panels E+W+S

67 Panel member continuing though ceasing to be Commissioner E+W+S

(1) This section applies if—

(a) a person (“the ex-Commissioner”) ceases to hold office as a Commissioner (other than by being removed from office under paragraph 4(2) of Schedule 1),

(b) immediately before ceasing to hold office, the ex-Commissioner is—

(i) a member of the Panel, or

(ii) a member of the Panel and the lead member,

(c) the Panel is still handling the application at the time the ex-Commissioner ceases to hold office, and

(d) before ceasing to hold office, the ex-Commissioner elects to continue acting as a Commissioner in relation to the application.

(2) For the purpose of the application, the ex-Commissioner is to be treated as continuing to hold office until—

(a) the Panel has decided, or (as the case may be) reported to the Secretary of State on, the application, or

(b) (if earlier) the ex-Commissioner ceases to be a member of the Panel.

(3) For the purpose of any proceedings arising out of the application, the ex-Commissioner is to be treated as having continued to hold office until—

(a) the Panel had decided, or (as the case may be) reported to the Secretary of State on, the application, or

(b) (if earlier) the ex-Commissioner ceased to be a member of the Panel.

(4) An election under subsection (1)(d) is effective only if made in writing to each of the following—

(a) the chief executive of the Commission;

(b) the person appointed to chair the Commission, where the ex-Commissioner is not the person appointed to chair the Commission;

(c) the lead member of the Panel, where the ex-Commissioner is not the lead member of the Panel.