; and (C) if the individual demonstrates that he or she— (i) understands the nature of any charges and the possible defenses and outcomes; and (ii) possesses the knowledge and intelligence necessary to conduct his or her own defense. (3) Appeal of waiver; retroactive appointment Counsel may appeal any putative waiver to the Office of Immigration Representation established under section 202 of the Fairness to Freedom Act of 2023 if counsel reasonably believes that such waiver did not meet the requirements under paragraph (2). If the Office of Immigration Representation concurs with counsel's assessment, the Office may retroactively appoint counsel in order to include any representation furnished pursuant to the plan before such appointment. (4) Appointment of counsel Unless an individual waives representation by counsel pursuant to paragraph (2), the Local Administrator, upon notification that an individual may meet the criteria for appointed counsel, shall appoint counsel for such individual in accordance with the Local Plan developed pursuant to section 206(k)(1) of the Fairness to Freedom Act of 2023 if the Local Administrator determines, after appropriate inquiry, that such individual is financially unable to obtain counsel. An appointment under this paragraph may be made retroactive to include any representation furnished to such individual by such counsel before such appointment. (5) Appointment of separate counsel The Local Administrator shall appoint separate counsel for individuals who are subjected to the same proceeding or related proceedings if— (A) the interests of such individuals cannot, consistent with ethical responsibilities and manageable workloads, be properly be represented by a single counsel