Procedure after inquiryE+W
8. Regulation 28 (as it applies to inquiries by regulation 30(3)) is read as if—
(a)after paragraph (2) there is inserted—
“(2A) Where closed evidence was considered at the inquiry—
(a)the appointed person and assessor, where one has been appointed, must set out in a separate part (“the closed part”) of their reports any description of that evidence together with any conclusions or recommendations in relation to that evidence; and
(b)where an assessor has been appointed, the appointed person must append the closed part of the assessor’s report to the closed part of the appointed person’s report and must state in the closed part of that report the level of agreement or disagreement with the closed part of the assessor’s report and, where there is disagreement with the assessor, the reasons for that disagreement.”;
(c)after paragraph (5) there is inserted—
“(5A) Where the Welsh Ministers differ from the appointed person on any matter of fact mentioned in, or appearing to them to be material to, a conclusion reached by the appointed person in relation to a matter in respect of which closed evidence has been given, the notification referred to in paragraph (5) must include the reasons for the Welsh Ministers’ disagreement unless—
(a)the notification is addressed to a person who is neither the appointed representative nor any person specified, or of a description specified, in the security direction; and
(b)inclusion of the reasons would disclose any part of the closed evidence.”;
(d)in paragraph (8) after “applicant” there is inserted “, the appointed representative”.
Commencement Information
I1Sch. 1 para. 8 in force at 1.3.2016, see reg. 1(2)