This section applies if—
a person is appointed under subsection (5) or (6) of section 321, but
no inquiry is held as mentioned in subsection (1) of that section.
Subsections (9) to (12) of section 321 apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.
For the purposes of subsection (2) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under section 321(9) if an inquiry had been held.
This section does not affect section 322A.