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Paragraph 19 Power to decide application without a hearing

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

(1)

The Tribunal may (except in a drainage case) deal with an application or preliminary issue without a hearing if—

(a)

no reply is delivered to the Secretary within the time appointed by rule 4 or any extension of time granted under rule 51 or the parties agree in writing or the respondent states in writing that he does not oppose the application;

(b)

there is no other opposition to the application;

(c)

having regard to the material before the Tribunal and the nature of the issues raised by the application the Tribunal considers that to do so will not prejudice the administration of justice; and

(d)

there is no important public interest consideration that requires a hearing in public.

(2)

Before deciding an application in the absence of a party, the Tribunal must consider any representations in writing submitted by that party in response to a notice of hearing.

(3)

Nothing in this rule prevents a party from making an application for a review of the Tribunal’s decision under rule 32.