31X. (1) Before the establishment day the Minister may request the Public Appointments Service to hold a competition for the purpose of having selected a person to be nominated to the Government for its approval of the appointment of the person by the Minister as the Planning Regulator and, accordingly—

(a) section 31W(2)(a) shall be deemed to have been complied with, whether or not any steps taken pursuant to that request occur on or after the establishment day, and

(b) where a person has been duly selected by the Public Appointments Service before the establishment day, then—

(i) the Service shall advise the Minister accordingly, and

(ii) the Minister may before, on or after that day nominate the person to the Government for its approval of the appointment of that person by the Minister and the appointment shall take effect on whichever of the following is the last to occur:

(I) the establishment day;

(II) the date the appointment is made.

(2) If with effect from the establishment day there is no Planning Regulator then the Minister may, on an interim basis and pending the appointment, appoint in writing a person to perform some or all of the functions of the Planning Regulator.

(3) Where the Minister has appointed a person in accordance with subsection (2) to perform functions of the Planning Regulator and the functions performable include the function of appointing a director under section 31Z, then, notwithstanding section 31Z(1), not more than one person shall at any time stand appointed as a director unless the Minister approves any further appointments.]