Regulation 54 Amendment of regulation 5 of the Appeals RegulationsF1

Regulation 5 of the Appeals Regulations (directions) shall be amended in accordance with the following provisions of this regulation.

In paragraph (1), after the words “a chairman may" there shall be inserted the words “, subject to paragraph (3),".

In paragraph (2), after the word “may" there shall be inserted the words “, subject to paragraph (3),".

After paragraph (2), there shall be added the following paragraphs—

“(3)

In the case of an appeal under section 28H of the Act or of a referral, as the case may be, a direction requiring the Secretary of State to provide information shall have effect only if that information is information of which he is aware or which he has in his possession in connection with his functions under the Act.

(4)

Where a chairman is considering whether to give a direction under paragraph (1) or the terms of any direction, he may direct that an oral hearing be held by a tribunal to determine whether a direction shall be given under that paragraph and the terms of any direction which may be given.

(5)

The provisions of these Regulations shall apply to a hearing held under the provisions of paragraph (4).”.