{
  "url": "https://openlegislation.uk/deregulation-model-appeal-provisions-order-northern-ireland-1997/schedule-2/paragraph-19",
  "json_url": "https://openlegislation.uk/deregulation-model-appeal-provisions-order-northern-ireland-1997/schedule-2/paragraph-19.json",
  "legislation": "nisr/1997/269",
  "legislation_title": "Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997",
  "legislation_url": "https://openlegislation.uk/deregulation-model-appeal-provisions-order-northern-ireland-1997",
  "path": "schedule/2/paragraph/19",
  "kind": "paragraph",
  "number": "19",
  "heading": "Power to decide the appeal without a hearing",
  "text": "(1) Where, at the end of the period within which the Authority is required to send its reply—\n(a) the Authority has not done so; or\n(b) neither the appellant nor the Authority has requested an oral hearing,\nand the Chairman does not consider that a hearing is necessary, the tribunal may decide the appeal without a hearing.\n(2) Subject to paragraph (3) and rules 7 and 16, where the tribunal may decide the appeal under this rule, it must do so as soon as practicable after the end of the period mentioned in paragraph (1).\n(3) Before deciding the appeal the tribunal must consider—\n(a) the notice of the appeal and the appellant’s additional material;\n(b) any reply sent by the Authority;\n(c) any representations or comments received under rule 16,\nand may if it thinks fit direct the appellant or the Authority to provide in writing further information about any matter relevant to the appeal.\n(4) A direction under paragraph (3) must include a statement of the time allowed for complying with it, and where the appellant or the Authority has not complied with such a direction within the time allowed, the tribunal may—\n(a) decide the appeal on the basis of the material available; or\n(b) apply to the county court for an order requiring a party to comply with the tribunal’s direction.\n(5) Where the tribunal delays its decision so that it can consider information provided under paragraph (3) or representations received under rule 16, it must send to the appellant and the Authority a notice giving the reasons for the delay, and stating when it expects to decide the appeal.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied by 1929 c. 13 (N.I.) s. 3(4) (as substituted)",
      "affecting": "nisr/2012/11",
      "affecting_title": "The Petroleum (Consolidation) Act (Amendment of Licensing Provisions) Regulations (Northern Ireland) 2012"
    },
    {
      "type": "applied",
      "affecting": "nisr/2012/179",
      "affecting_title": "The Control of Asbestos Regulations (Northern Ireland) 2012"
    },
    {
      "type": "applied",
      "affecting": "nisr/2001/295",
      "affecting_title": "Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 (revoked)"
    },
    {
      "type": "applied",
      "affecting": "nisr/2000/375",
      "affecting_title": "Ionising Radiations Regulations (Northern Ireland) 2000"
    },
    {
      "type": "applied",
      "affecting": "nisr/2013/206",
      "affecting_title": "The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013"
    },
    {
      "type": "words substituted",
      "affecting": "nia/2010/3",
      "affecting_title": "Department of Justice Act (Northern Ireland) 2010"
    },
    {
      "type": "word inserted",
      "affecting": "ukpga/2022/7",
      "affecting_title": "Public Service Pensions and Judicial Offices Act 2022"
    },
    {
      "type": "words substituted",
      "affecting": "ukpga/2009/3",
      "affecting_title": "Northern Ireland Act 2009"
    },
    {
      "type": "inserted",
      "affecting": "ukpga/2009/3",
      "affecting_title": "Northern Ireland Act 2009"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1997/269/schedule/2/paragraph/19",
    "retrieved_at": "2026-10-29T02:28:31.651869+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}