Paragraph 8 Examiner’s recommendationsI1

England and Wales Not yet in force

(1)

The examiner must make recommendations in accordance with this paragraph and must give reasons for the recommendations.

(2)

The examiner may not recommend that a draft of a charging schedule be approved if the examiner considers—

(a)

that there is any respect in which the drafting requirements have not been complied with, and

(b)

that the non-compliance with the drafting requirements could not be remedied by the making of modifications to the draft.

(3)

Sub-paragraphs (4) and (5) apply if the examiner considers—

(a)

that there is any respect in which the drafting requirements have not been complied with, and

(b)

that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.

(4)

The examiner must—

(a)

specify the respects in which the drafting requirements have not been complied with,

(b)

recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and

(c)

recommend that the draft be approved with those modifications or other modifications sufficient and necessary to remedy that non-compliance.

(5)

The examiner may also recommend other modifications with which the draft should be approved in the event that it is approved.

(6)

If sub-paragraphs (2) to (5) do not apply, the examiner—

(a)

must recommend that the draft be approved, and

(b)

may also recommend modifications with which the draft should be approved in the event that it is approved.

(7)

The charging authority must publish the examiner’s recommendations and reasons.

Annotations