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The Water and Sewerage Services (Amendment) (Northern Ireland) Order 1993

Status:

This is the original version (as it was originally made).

Appointment of assessors

6.—(1) In Article 8 of the principal Order (procedure on appeals)—

(a)for paragraphs (1) and (2) there shall be substituted—

(1) Where, under this Order or any other transferred provision, the Appeals Commission may determine an appeal or hear an application—

(a)the jurisdiction of the Appeals Commission may be exercised by any one of its members;

(b)except where an appeal or application is to be decided solely by reference to written representations, the Chief Commissioner may, after consultation with the Appeals Commission and the Department or the Department of Agriculture or both such Departments as the case may require, appoint an assessor to sit with the member under sub-paragraph (a) at the appeal or hearing of the application to advise him on any matters arising;

(c)notwithstanding sub-paragraphs (a) and (b) any decision on the appeal or application shall be made by the Appeals Commission and reported to the Department.

(2) The Appeals Commission may pay to any assessor appointed under paragraph (1)(b) such fees and allowances as the Commission, with the approval of the Department, may approve.;

(b)in paragraph (3) for “paragraph (2)” there shall be substituted “paragraph (1)(c)”.

(2) In section 185B of the Fisheries Act (Northern Ireland) 1966(1) (jurisdiction of Appeals Commission)—

(a)in subsection (i)(a) after “paragraphs” there shall be inserted “(i)(c),”;

(b)subsection (2) shall be omitted;

(c)in subsection (4) “(2)(b) or” shall be omitted.

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