OpenLegislation

Paragraph 10

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a government department has expressed in writing to the authority a view in support of the decision of the authority and the authority has included this view in the statement referred to in paragraph 8(1), the appellant may apply in writing to the appointed person, not later than 14 days before the date of the hearing, for a representative of the government department concerned to be made available at the hearing.

(2)

The appointed person shall send any application made to him under sub-paragraph (1) to the government department concerned who shall make a representative of the department available to attend the hearing.

(3)

A representative of a government department who, in pursuance of this paragraph, attends a hearing shall be called as a witness by the authority and shall state the reasons for the view expressed by his department and included in the statement of the authority under paragraph 8(1) and shall give evidence and be subject to cross-examination to the same extent as any other witness.

(4)

Nothing in the last foregoing paragraph shall require a representative of a government department to answer any question which in the opinion of the appointed person is directed to the merits of government policy or to matters which affect the safety of the State and the appointed person shall disallow any such question.