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”.
Commentary on Sections Appointing an examining authority Section 40 – Appointing an examining authority