Article 7 Insertion of new rule 19A

After rule 19 (notice of decision) of the 2007 Rules, insert—

“Procedure following quashing of decision

19A.

(1)

Where a decision notified under rule 19(1) is quashed, in full or in part, in proceedings before any court, the authorising authority—

(a)

must send to any person who was entitled to appear at the inquiry a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the order by the authorising authority;

(b)

must afford to those persons the opportunity of making written representations to the authorising authority in respect of those matters or of asking for the re-opening of the inquiry; and

(c)

may, as it thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and, if it does so, paragraphs (2) to (5) of rule 10 apply as if references to an inquiry were references to a re-opened inquiry.

(2)

Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) must ensure that such representations or requests are received by the authorising authority within 3 weeks beginning with the date of the written statement sent under paragraph (1)(a).”.