Prospective
3 In considering an application under paragraph 1, the Department—N.I.
(a)may commission to make recommendations to it about the document which was the subject of the decision (“the document”) an engineer who—
(i)is a member of a panel of reservoir engineers established under section 102 who may (by virtue of an order under that section) be commissioned under this paragraph in relation to the reservoir,
(ii)is not disqualified by virtue of paragraph 4 from being so commissioned in relation to the reservoir,
(b)must take into account—
(i)a recommendation by an engineer commissioned by it under paragraph (a),
(ii)any representations made to it by or on behalf of the reservoir manager in relation to the application.