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The High Hedges (Appeals) (Wales) Regulations 2004

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Appointment, and revocation of the appointment, of an appointed person

7.—(1) An appointment under section 72(3) of the Act must be in writing and may—

(a)relate to any particular appeal or matter specified in the appointment or to appeals or matters of a description so specified;

(b)provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment; and

(c)by notice in writing given to the appointed person, be revoked at any time by the appeal authority in respect of any appeal or matter which has not been determined by the appointed person before that time.

(2) An appointed person has, in relation to any appeal or matter to which the appointment relates, the same powers and duties as the appeal authority, other than any function of—

(a)making regulations;

(b)holding a hearing; or

(c)appointing a person for the purpose of—

(i)enabling persons to attend and take part in a hearing conducted by the person so appointed, or

(ii)referring any question or matter to that person.

(3) Where, under paragraph (1)(c), the appeal authority revokes an appointment in respect of any appeal or matter, the appeal authority must, unless it proposes to determine the appeal or matter itself, appoint another person to determine the appeal or matter instead.

(4) Where a new appointment is made, the consideration of the appeal or matter, or any hearing in connection with it, must be begun afresh; but, where this is the case, no person is entitled to make fresh representations or to modify or withdraw any representations already made.

(5) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates is to be treated for all purposes as done or omitted to be done by the appeal authority, except to the extent that such action or omission relates to—

(a)so much of any contract made between the appeal authority and the appointed person as relates to the exercise of the function; or

(b)any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in this paragraph.

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