5(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—E+W+S
(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.
Commencement Information
I1Sch. 22 para. 5 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1