5.—(1) Where at the expiry of one week from the operative date or three months from a vacancy occurring, as the case may be, an appointing body has failed to make an appointment in accordance with regulation 4, that appointment may be made by the Secretary of State after consultation with the president or, before the first appointment of a president, with the chairman of the local valuation panel for the area of the tribunal.
(2) No appointment under regulation 4(2) shall be valid if its effect would be that the number of members of the tribunal appointed by that body who are members of a charging authority exceeded the number equal to one third of the total of the number of members to be appointed by that body.
(3) Paragraph (2) shall not apply in relation to the appointment of any person who immediately before the operative date was a member of a local valuation panel; and shall not be construed as affecting the validity of the appointment of a member who becomes a member of a charging authority after his appointment takes effect.