Regulation 31 Departure from recommendations of the appointed person and representations in that regard (call-in)

(1)

Where the Welsh Ministers propose to depart from any recommendation given by the appointed person, they must publish departure proposals.

(2)

The CJC must as soon as reasonably practicable after the Welsh Ministers comply with paragraph (1)—

(a)

make copies of the departure proposals and the relevant statement available for inspection during normal office hours at the places where the pre-deposit proposals documents and the statement of pre-deposit matters were made available for inspection under regulation 18(2)(a);

(b)

publish on its website—

(i)

the departure proposals,

(ii)

the relevant statement, and

(iii)

a statement that the departure proposals are available for inspection and the places and times at which they may be inspected;

(c)

send to the bodies referred to in paragraph (4)—

(i)

copies of the departure proposals(4), and

(ii)

notification of the relevant statement.

(3)

In this regulation—

(a)

“departure proposals” means documents specifying—

(i)

the manner in which the Welsh Ministers propose to depart from any recommendations given by the appointed person, and

(ii)

the reasons for those proposals;

(b)

the “relevant statement” means a statement specifying—

(i)

the period within which representations about the departure proposals must be made,

(ii)

the address of the Welsh Ministers to which, and where appropriate, the person to whom, representations (whether by electronic communication or otherwise) must be sent, and

(iii)

that any representations so made may be accompanied by a request that the person making the representation be notified at a specified address of the Welsh Ministers’ decision under section 65(9)(a) of the 2004 Act.

(4)

The bodies referred to in paragraph (2)(c)(i) are—

(a)

each of the specific consultation bodies, to the extent that the departure proposals affect or could affect those bodies, and

(b)

such of the general consultation bodies as the Welsh Ministers consider appropriate.

(5)

Any person may make representations on the departure proposals by sending them to the address and the person (if any) specified in accordance with paragraph (3)(b)(ii) within the period of six weeks beginning with the day on which the Welsh Ministers publish the departure proposals.

(6)

The Welsh Ministers must consider any such representations before making a decision under section 65(9)(a) of the 2004 Act.