OpenLegislation

Regulation 27 Decision after an inquiry

Original text. Later amendments are not shown.

(1)

Where an assessor has been appointed, the assessor may make a report in writing to the appointed person in respect of the matters on which the assessor was appointed to advise.

(2)

When making a decision in relation to the appeal, the appointed person may disregard any written representations, or evidence or any other document received after the inquiry has closed.

(3)

If, after the close of the inquiry, an appointed person proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry and which the appointed person considers to be material to the decision, the appointed person must not come to a decision without first:

(a)

notifying persons entitled to take part in the inquiry who took part in it of the matter in question; and

(b)

affording them an opportunity of making written representations to the appointed person or of asking for the re-opening of the inquiry,

and they shall ensure that such written representations or request to re-open the inquiry are received by the appointed person within 3 weeks of the date of the notification.

(4)

An appointed person may cause an inquiry to be re-opened and must do so if asked by the appellant or the respondent in the circumstances and within the period mentioned in paragraph (3); and where an inquiry is re-opened:

(a)

the appointed person must send to the persons entitled to take part in the inquiry and who actually took part in it a written statement of the matters with respect to which further evidence is invited; and

(b)

regulation 22(3) to (7) applies as if the references to an inquiry were references to a re-opened inquiry.