{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-83",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-83.json",
  "legislation": "ukdsi/2025/9780348268843",
  "legislation_title": "The Infected Blood Compensation Scheme Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025",
  "path": "regulation/83",
  "kind": "regulation",
  "number": "83",
  "heading": "Review initiated by the IBCA",
  "text": "(1) The IBCA may, at any time after it has determined—\n(a) an application under regulation 70, or\n(b) to commence making IBCA support scheme payments to a person,\ndecide on its own initiative to conduct a review of the determination (“the original determination”) or any matter it has decided in connection with that determination.\n(2) Where the IBCA decides to conduct a review under paragraph (1), it must notify the relevant person of the review and the reasons for it unless the IBCA considers that such notification would jeopardise the proper administration of the IBCS.\n(3) The grounds on which the IBCA may conduct a review under this regulation include that—\n(a) whether fraudulently or otherwise, any person has misrepresented or failed to disclose a material fact and the original determination was made in consequence of the misrepresentation or failure,\n(b) the original determination was based on a mistake as to a material fact, or\n(c) there was an error or omission which affected the substance of the original determination, including as to the amount of any payment made under the IBCS.\n(4) The relevant person may submit written representations to the IBCA about the IBCA’s decision to conduct a review and about any information on which the decision to conduct a review was based.\n(5) Any representation which is made under paragraph (4) must be sent so that it is received by the IBCA not later than 28 days after the date of the IBCA’s notice of the review under paragraph (2).\n(6) The IBCA may extend the time limit in paragraph (5) by a further period where the IBCA considers that there was good reason for the failure to submit written representations before the end of that initial period and for any delay since then in submitting written representations.\n(7) The decisions that may be made on a review under paragraph (1) are—\n(a) to confirm the original determination, or\n(b) to revoke the original determination and make a new determination in accordance with these Regulations.\n(8) Where the IBCA conducts a review under paragraph (1)—\n(a) it must take reasonable steps to ensure that the review is carried out by a member of the IBCA’s staff who had no involvement in the making of the original determination, and\n(b) it must notify the applicant of the decision on the review.\n(9) The notice under paragraph (8) must—\n(a) state—\n(i) that the original determination has been confirmed or revoked and remade, and\n(ii) the terms of any new determination which has been made,\n(b) give the reasons for the decision made on the review,\n(c) state that the relevant person may appeal to the First-tier Tribunal against the decision made on review, and\n(d) state the period within which such an appeal is to be made and provide information as to how to make such an appeal.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348268843/regulation/83",
    "retrieved_at": "2026-10-30T14:39:35.762697+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."
}