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Article 30 Site inspections

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In this rule—

  • “the appropriate party” is the party who is in occupation or has ownership or control of the property;

  • “the property” is the land or premises that the adjudicator wishes to inspect for the purposes of determining the whole or part of the matter; and

  • “a request for entry” is a written request from the adjudicator to the appropriate party, requesting permission for the adjudicator to enter onto and inspect the property and such a request may include a request to be accompanied by one or more of—

    1. (a)

      another party;

    2. (b)

      such number of the adjudicator’s officers or staff as he considers necessary; and

    3. (c)

      if a member of the Council on Tribunals informs the adjudicator that he wishes to attend the inspection, that member.

(2)

The adjudicator, at any time for the purpose of determining the whole or part of the matter, may serve a request for entry on an appropriate party.

(3)

The request for entry must specify a time for the entry that, unless otherwise agreed in writing by the appropriate party, must be not earlier than 7 days after the date of service of the request for entry.

(4)

The adjudicator must serve a copy of the request for entry on any party (other than the appropriate party) and any member of the Council on Tribunals named in the request for entry and, if reasonably practicable to do so in the circumstances, must notify them of any change in the time specified.

(5)

If the adjudicator makes a request for entry and the appropriate party withholds or refuses his consent to the whole or part of the request without reasonable excuse, the adjudicator may take such refusal into account when making his substantive decision.

(6)

If a request for entry includes a request for a member of the Council on Tribunals to accompany the adjudicator and the appropriate party consents to the presence of that member, then that member shall be entitled to attend the site inspection but must not take an active part in the inspection.