The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

Functions of an appointed representative

4.—(1) The first function of an appointed representative is to represent the interests of the affected person by–

(a) taking instructions from the affected person before receiving copies of potentially closed evidence;

(b) making written representations as to whether a direction should be given; and

(c) in respect of a hearing held in accordance with regulation 10–

(i) dealing with preliminary matters,

(ii) making submissions, and

(iii) cross-examining witnesses.

(2) The second function of an appointed representative is to represent the interests of the affected person by–

(a) where the appointed representative has been appointed under–

(i) section 321(6) of the principal Act;

(ii) paragraph 6A(2) of Schedule 3 to the Listed Buildings Act; or

(iii) paragraph 6A(2) of the Schedule to the Hazardous Substances Act,

taking instructions from the affected person before receiving copies of closed evidence;

(b) dealing with preliminary matters in relation to closed evidence in respect of a local inquiry;

(c) making submissions or cross-examining witnesses, in relation to closed evidence, at a local inquiry; and

(d) attending site visits.

(3) The third function of an appointed representative is to ensure that the copies of the closed evidence or potentially closed evidence are returned to the person who supplied them as soon as practicable after–

(a) the directing authority has given notice under regulation 14 that it does not intend to give a direction;

(b) the local inquiry, to which the closed evidence relates, has ended; or

(c) the National Assembly has notified the appointed representative that no local inquiry, to which the closed evidence relates, will be held,

whichever is the last.

(4) The fourth function of an appointed representative is to make applications to the Court in relation to any of the appointed representative’s other functions.

(5) For the purposes of any of the functions, the appointed representative may discuss any matter relating to the closed evidence or potentially closed evidence with–

(i) the person who has supplied the closed or potentially closed evidence to the directing authority, or,

(ii) a person specified, or of any description specified, in the direction.