Examination of applicationsE+W
Valid from 01/04/2012
37E+WIn section 86 (Chapter applies to examination by Panel or single Commissioner), and in its heading, for “Commissioner” (in each place) substitute “ appointed person ”.
Valid from 01/04/2012
38E+WOmit section 87(2)(b) (Examining authority to have regard to guidance given by Secretary of State or Commission).
Valid from 01/04/2012
39E+WIn section 92 (notifying Commission that compulsory acquisition hearing wanted) for “Commission” (in each place) substitute “ Secretary of State ”.
Valid from 01/04/2012
40E+WIn section 93 (notifying Commission that open-floor hearing wanted) for “Commission” (in both places) substitute “ Secretary of State ”.
Valid from 01/04/2012
41E+WIn section 94(2)(b) (Panel member or single Commissioner to preside over hearing) for “Commissioner” substitute “ appointed person ”.
42E+WAfter section 95 insert—
“95AHearings: defence and national security
(1)Subsection (2) applies if the Secretary of State is satisfied that if all or part of the Examining Authority's examination of the application takes the form of a meeting or hearing—
(a)the making of particular oral representations at such a meeting or hearing would be likely to result in the disclosure of information as to defence or national security, and
(b)the public disclosure of that information would be contrary to the national interest.
(2)The Secretary of State may direct that representations of a description specified in the direction may be made only to persons of a description so specified (instead of being made in public).
(3)If the Secretary of State gives a direction under subsection (2), the Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made.
(4)Rules under section 97 may (in particular) make provision as to the functions of an appointed representative.
(5)The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative if the Secretary of State thinks that the responsible person is interested in a meeting or hearing in relation to any representations that are the subject of a direction under subsection (2).
(6)Subsections (7) and (8) apply if the Secretary of State gives a direction under subsection (5).
(7)If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.
(8)The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified.
(9)An amount so certified is recoverable from the responsible person as a civil debt.
(10)In this section “representations” includes evidence.”
Commencement Information
I1Sch. 13 para. 42 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 2(a)
Valid from 01/04/2012
43E+WIn section 96(1)(c) (which refers to representations received by the Commission) for “Commission” substitute “ Secretary of State ”.
Valid from 01/04/2012
44(1)Amend section 98 (timetable for examining, and reporting on, application) as follows.E+W
(2)In subsection (3) (deadline for making report to Secretary of State) for the words from the beginning to “its report” substitute “ The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b) ”.
(3)In subsection (4) (Commission chair may extend deadlines under the section) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
(4)For subsection (6) (extensions of deadlines to be reported to Secretary of State and in Commission's annual report) substitute—
“(6)Subsections (7) and (8) apply where the power under subsection (4) is exercised.
(7)The Secretary of State must—
(a)notify each interested party of the new deadline, and
(b)publicise the new deadline in such manner as the Secretary of State thinks appropriate.
(8)The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline.
(9)A statement under subsection (8) may be written or oral.”
Valid from 01/04/2012
45(1)Amend section 100 (Commission chair may appoint assessors at request of Examining authority) as follows.E+W
(2)In subsection (1) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”.
(3)In subsection (2) for “chair” substitute “ Secretary of State ”.
Valid from 01/04/2012
46E+WIn section 101(1) (Commission chair may appoint lawyer to assist Examining authority) for “person appointed to chair the Commission” substitute “ Secretary of State ”.
Valid from 01/04/2012
47E+WIn section 102(4) (meaning of “relevant representation”) for “Commission” (in each place) substitute “ Secretary of State ”.