Article 23 Procedure following quashing of decision

(1)

Where a decision of the Secretary of State on an application in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State—

(a)

shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application;

(b)

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

(c)

may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different lead inspector).

(2)

Where the Secretary of State causes an inquiry to be re-opened—

(a)

paragraphs (3) to (6) of rule 14 shall apply in relation to the re-opened inquiry as if references in those paragraphs to an inquiry were references to the re-opened inquiry; and

(b)

paragraphs (5) and (6) of rule 9 shall apply in relation to the re-opened inquiry as if references in those paragraphs to the pre-inquiry meeting were references to the re-opened inquiry.

(3)

Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall ensure that such representations or requests are received by the Secretary of State within three weeks of the date of the written statement sent under paragraph (1)(a).