SCHEDULES
SCHEDULE 22Procedure for appeals under section 173
Consideration and determination of appeal by group
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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—
a
considering an appeal;
b
determining an appeal; and
c
giving 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 chairman.
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 his 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 the group from continuing after his replacement with anything begun before it.
6
In selecting members of a group (whether originally or by way of replacement) the Chairman must ensure that at least one of the group’s members is a person appointed to the Commission under section 104(1) of the Utilities Act 2000 (c. 27) (specialist members).
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 by him to be the chairman of a group, include himself.
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.