Regulation 12 Power of determinerI1

United Kingdom

(1)

In this regulation—

“representations” includes any questionnaire or statement submitted or to be submitted by the appellant or authority pursuant to these Regulations; and
“the determiner” means the appropriate Ministers or the person appointed to determine the appeal pursuant to paragraph 32 of Schedule 7, as the case may be.

(2)

The determiner may, at any time after the expiry of:

(a)

a period of 7 days beginning either with the date the authority sent the appellant a copy of its questionnaire or, where the authority submits a statement pursuant to regulation 8(3), the date the authority sent the appellant a copy of that statement; or

(b)

where applicable, the period of 14 days mentioned in regulation 10—

whichever is the later proceed to a decision, taking into account only those representations and supporting documents as were submitted before the expiry of the relevant period.

(3)

Where no representations are submitted within the period mentioned in regulation 7(2)(c), the determiner may proceed to a decision if:

(a)

it appears to the determiner that sufficient material has been submitted to enable the determiner to reach a decision on the merits of the case; and

(b)

notice has been given by the determiner to the appellant and to the authority of the determiner’s intention to proceed to a decision notwithstanding that no representations have been submitted within that period.

Annotations

Commencement

I1: Reg. 12 in force at 1.12.2008, see reg. 1