Regulation 8 Setting aside decisions on certain grounds
Subject to regulation 9, on application made by a party to the proceedings, a decision including an application for leave to appeal to a Commissioner or the Court of Appeal made under regulations 2 (4), 5, 6 and Schedule 2 by an adjudication officer, tribunal or a Commissioner may be set aside by the person or tribunal by whom the decision was made, or by a person or tribunal of like status, in a case where it appears just to set that decision aside on the grounds that —
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by a party or their representative or was not received at the appropriate time by the person or tribunal who gave the decision;
in the case of an appeal to a tribunal or an oral hearing before a Commissioner a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing relating to the proceedings; or
the interests of justice so require.
An application under this regulation shall be made in accordance with regulation 10 and Schedule 1.
Where an application to set aside is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
For the purpose of determining under these Regulations an application to set aside, there shall be disregarded any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent to that person’s last known notified address.