Subsections (2) and (3) apply at any time after the initial members of the Panel have been appointed under section 65(1)(a).

The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.

If at any time the Panel has only F4... a single member, it is the duty of the F2Secretary of State to ensure that the power under subsection (2) is exercised so as to secure that the Panel again has at least F5two members.

A person appointed under subsection (2) becomes a member of the Panel in addition to any person who is otherwise a member of the Panel.

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