Article 36 Summary determination of appeals
Subject to paragraph (2), where it appears to the appellate authority that the issues raised on an appeal have been determined —
in the case of an appeal before a special adjudicator, by the same or another adjudicator or by the Tribunal, or
in the case of an appeal before the Tribunal, by the Tribunal,
under Part II of the 1971 Act, under the 1993 Act or under the 1996 Act in previous proceedings to which the appellant was a party, on the basis of facts which did not materially differ from those to which the appeal relates, the authority may determine the appeal summarily without a hearing.
Before the appellate authority determines an appeal summarily in accordance with paragraph (1), it shall give the parties an opportunity of making representations to the effect that the appeal ought not to be so determined.
Where an appeal is determined summarily in accordance with paragraph (1), the appellate authority shall send to the parties written notice that the appeal has been so determined, and any such notice shall
contain a statement of the issues raised on the appeal and
specify the previous proceedings in which those issues were determined
and the provisions of rule 2(3)(b) shall not apply to such a notice.