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[F14.(1)The following functions of the Commission must be carried out, in accordance with appeal rules, by a group selected for the purpose by the Chairman—U.K.
(a)considering an appeal;
(b)determining an appeal; and
(c)considering applications in relation to the giving of directions and taking other steps to give effect to the Commission’s determination on an appeal.
(2)A group must consist of three members of the Commission.
(3)The Chairman must appoint one of the members of a group to be its chair.
(4)The Chairman may select a member of the Commission to replace another as a member of a group if—
(a)the person being replaced has ceased to be a member of the Commission;
(b)the Chairman is satisfied that the person being replaced will be unable, for a substantial period, to perform the person’s duties as a member of the group; or
(c)it appears to the Chairman that it is inappropriate, because of a particular interest of the person being replaced, for that person to remain a member of the group.
(5)The replacement of a member of a group does not prevent—
(a)the group from continuing after the replacement of that member with anything begun before it;
(b)any decision made or direction given by that member from having effect after that member has been replaced.
(6)Section 104(2) of the Utilities Act 2000 (specialist members) applies in selecting members of a group by way of replacement as it applies in selecting the members of the group initially.
(7)The persons who may be selected by the Chairman to be (or to replace) a member of a group, or who may be appointed to be the chair of a group, may include the Chairman.
(8)A decision of a group is effective if, and only if—
(a)all the members of the group are present when it is made; and
(b)at least two members of the group are in favour of the decision.]
Textual Amendments
F1Sch. 5A inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(9), Sch. 6 (with reg. 44)
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