Commentary on Sections Appointing an examining authority Section 40 – Appointing an examining authority
107.Section 40(1) requires the Welsh Ministers to appoint a person or a panel of persons to examine each valid application for infrastructure consent.
108.Subsection (2) provides that the Welsh Ministers may (but are not required to) appoint a person or a panel of persons to examine an application to revoke or change an infrastructure consent order. In deciding whether to appoint a person or a panel of persons to examine such an application, the Welsh Ministers must apply any criteria set out in a document published under subsection (3).
109.The Welsh Ministers may make or revoke an appointment of a person or person on a panel at any time.
110.This section also provides the Welsh Ministers with a power to make regulations making further provision for, or in connection with, the appointment of a person or a panel under this section.
111.A person or panel of persons appointed under this section is referred to in the Act as an “examining authority”.