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Article 29 Review of Tribunal’s decision

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If, on the application of a party or of its own initiative, the Tribunal is satisfied that—

(a)

its final determination was wrongly made as a result of an error; or

(b)

new evidence has become available since the conclusion of the hearing to which that final determination relates, the existence of which could not have been reasonably known or foreseen,

the Tribunal may review and set aside that final determination.

(2)

An application for the purposes of paragraph (1) stating the grounds on which an application is based must be made—

(a)

orally at the hearing immediately following the announcement of the decision by the Tribunal; or

(b)

by way of written application filed not later than 14 days after the notification under paragraph 27(7)(a) of the final determination is sent to the parties.

(3)

Where the Tribunal proposes to review its final determination on its own initiative, it must notify the parties of that proposal not later than 14 days after the date on which the final determination was sent to the parties.

(4)

The parties must be given an opportunity to make representations on any application or proposal for review under this rule and the review may be determined either by the same members of the Tribunal who decided the case or by a differently constituted Tribunal appointed by the President.

(5)

The decision of the Tribunal whether or not to set aside the final determination must be recorded in a certificate signed on behalf of the Tribunal.

(6)

If the Tribunal sets the final determination aside—

(a)

the Tribunal must—

(i)

substitute such final determination as it thinks fit; or

(ii)

order a re-hearing before either the same or a differently constituted Tribunal; and

(b)

the certificate of the Tribunal recording the final determination in accordance with paragraph (5) must be sent to the appropriate member of the Tribunal staff who must immediately—

(i)

make such correction as may be necessary in the register; and

(ii)

send a copy of the entry so corrected to each party.

(7)

If the Tribunal does not set the final determination aside it must notify each of the parties in writing to this effect.