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Article 54b Secretary of State decision to consider a decision afresh and the effect of that decision on an appealF1

Original text. Later amendments are not shown.

1.

The Secretary of State may consider a decision specified in column 1 of the table in Part 2 of Annex 1B (‘the original decision’) afresh if evidence becomes available to the Secretary of State after making the original decision that was not available to the Secretary of State at the time of the original decision.

2.

Paragraph 1 applies even though an appeal has been made to the FTT in respect of the original decision.

3.

Where the Secretary of State decides to consider an original decision afresh in a case where an appeal has been made to the FTT in respect of that decision:

a)

the Secretary of State must notify the FTT of the Secretary of State's decision to consider the original decision afresh and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant (if different) and the public of that decision;

b)

the appeal to the FTT is suspended until such time as the Secretary of State has made a fresh decision in relation to the matter;

c)

the Secretary of State must, following the making of the fresh decision, notify the FTT of that decision and publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the appellant, the original applicant, (if different) and the public of that decision and the reasons for that decision.

4.

If the Secretary of State makes the same decision again, the appeal to the FTT restarts.

5.

If the Secretary of State makes a different decision, the appeal to the FTT ceases unless the FTT directs otherwise.

Annotations

Textual amendments

F1

Title 5A inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(53), Sch. 2 Pt. 5