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Article 16 Adjudicator’s review of determination

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

(1)

Where a party receives written notice of a determination to which there is no right of appeal to the Tribunal, he may apply to the Chief Adjudicator to review that determination on the ground that it was wrongly made as a result of an administrative or procedural error by the adjudicator.

(2)

An application under paragraph (1) shall—

(a)

be made not later than 10 days after written notice of the determination was received by the party;

(b)

be in writing;

(c)

identify all matters relied on; and

(d)

be accompanied by copies of all relevant documents.

(3)

In addition to his power to review a determination on an application made under paragraph (1), the Chief Adjudicator may, of his own motion, if satisfied that the interests of justice so require, not later than 10 days after written notice of the determination has been sent to the parties, review that determination on the ground that it was wrongly made as a result of an administrative or procedural error by the adjudicator.

(4)

Where the Chief Adjudicator reviews the determination, he may—

(a)

confirm it; or

(b)

set it aside and direct a re-hearing of the appeal.

(5)

Where the Chief Adjudicator confirms the determination, written notice shall be sent to the parties.

(6)

Where the Chief Adjudicator sets aside the determination, written notice shall be sent to the parties, together with the date, time and place, and any directions, for the re-hearing of the appeal.

(7)

Any notice given under paragraphs (5) and (6) shall contain, in summary form, the reasons for the decision.