Article 3 Functions of an appointed representativeI1

Northern Ireland

(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 rule 9—

(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)

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 public local inquiry or independent examination;

(c)

making submissions or cross-examining witnesses, in relation to closed evidence, at an inquiry or independent examination; 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 it as soon as practicable after—

(a)

the Secretary of State has given notice under rule 13 that he does not intend to give a direction;

(b)

an inquiry or independent examination, to which the closed evidence relates, has ended; or

(c)

the Secretary of State has notified the appointed representative that no inquiry or independent examination, to which the closed evidence relates, will be held,

whichever is the later.

(4)

For the purposes of any of his functions the appointed representative may discuss any matter relating to the closed evidence or potentially closed evidence with—

(a)

the person who has supplied the closed or potentially closed evidence to the Secretary of State; or

(b)

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

Annotations

Commencement

I1: Rule 3 in operation at 10.6.2006, see rule 1