4.—(1) Where the original decision under section 80(5) (whether the conditions are met for the referral of a case) was made under the Decisions on Referrals Order, a review of that decision is (subject to paragraph (2)) to be carried out by a person appointed by the notifying authority and the notified authority.
(2) If a person is not appointed in accordance with paragraph (1) within five working days from the day on which the request for a review is made, then the review is to be carried out by a person—
(a)from the panel constituted in accordance with paragraph 3 of the Schedule to the Decisions on Referrals Order (“the panel”), and
(b)appointed in accordance with paragraph (3).
(3) The notifying authority must within five working days from the end of the period specified in paragraph (2) request the chair of the Welsh Local Government Association or the chair’s nominee (“the proper officer”) to appoint a person from the panel and the proper officer must do so within seven days of the request.
(4) The notifying authority and the notified authority must within five working days of the appointment of the person appointed (“the appointed person”) provide the appointed person with the reasons for the original decision and the information and evidence on which that decision was based.
(5) The appointed person must—
(a)send to the notifying authority and the notified authority any representations made under regulation 2; and
(b)invite those authorities to respond to those representations.
(6) The appointed person must not be the same person as the person who made the original decision.