The clear implication from regulation 16(14) is that such consultations are not to relate to deciding the appeal and the inclusion of such a provision with the proviso that such consultation may take place "notwithstanding that the consultation may relate to matters affecting the appeal", indicates that but for regulation 16(14) such consultation would not be permissible.
6.
የ
As to the conclusion that there is no problem in the Secretary of State making political representations to Mr Nott, I agree with the line taken by Mr Cortazzi namely that the Secretary of State may certainly make political representation to Mr Nott and it is for Mr Nott to decide what to do about them (ie whether to take them into account on the appeal or whether to give directions under section 4(3) of the 1971 Act). However, I think we should be aware that Mr Nott may well be advised that if he is to decide on grounds other than arising from the
evidence before him or arguments by parties entitled, to ctim 4(3) participate in the appeal, he may have to use the power to give directions, and it may be as well to frame the representations made by Lord Carrington in such a way as to provide a basis for this.
31 March 1980
cc Mr Burton MAED
Mr Clift (HK & GD) Mr Williamson (HK & GD)
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Richard Gardiner
RK Gardiner Legal Advisers
P