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Article 33 Substantive decision without a hearing

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

(1)

There is a presumption that a substantive decision is made following a hearing.

(2)

Subject to paragraph (1), the adjudicator may make a substantive decision without a hearing if—

(a)

he is satisfied that there is no important public interest consideration that requires a hearing in public; and

(b)

unless paragraph (3) applies, he has served written notice on the parties in accordance with these Rules that he intends to make a substantive decision without a hearing or that he has received an application requesting that the substantive decision be made without a hearing and—

(i)

the parties agree to the substantive decision being made without a hearing; or

(ii)

the parties fail to object within the specified period for objection to the substantive decision being made without a hearing.

(3)

The adjudicator is not required to serve notice under paragraph (2)(b) if all parties have requested the adjudicator to make the substantive decision without a hearing.