Article 13 Closure date

(1)

Rule 40 applies to the adjournment of an appeal to an adjudicator, subject to the following provisions of this rule.

(2)

Subject to paragraph (3), where an adjudicator adjourns the hearing of an appeal, the adjudicator must give directions fixing a date (the “closure date”) by which an adjudicator must either—

(a)

hear the appeal; or

(b)

determine the appeal without a hearing.

(3)

Paragraph (2) does not apply where the appellate authority has fixed and notified the parties of a first hearing date and a subsequent hearing date, and the first hearing is adjourned.

(4)

The closure date—

(a)

must be fixed according to the individual circumstances of the case; but

(b)

subject to paragraphs (6) and (8), must be not more than 6 weeks after the date of the adjourned hearing.

(5)

The new date fixed for the hearing in accordance with rule 40(4) must be on or before the closure date.

(6)

An adjudicator may fix a closure date which is more than 6 weeks after the date of the adjourned hearing, or may vary a closure date—

(a)

if all the parties consent; or

(b)

in exceptional circumstances, if the adjudicator is satisfied by evidence filed or given by or on behalf of a party that—

(i)

the appeal cannot be justly determined within 6 weeks, or by the closure date where one has already been fixed; and

(ii)

there is an identifiable future date by which the appeal can be justly determined.

(7)

A senior adjudicator may (either before or after the closure date has passed) vary the closure date for an appeal if no adjudicator is or was available to hear or determine the appeal by that date.

(8)

The Chief Adjudicator may in exceptional circumstances—

(a)

direct that, in such classes of case as he shall specify, the time within which pending appeals must be heard or determined in accordance with paragraph (2) shall be extended by such period as he shall specify; and

(b)

accordingly modify the orders fixing a closure date which have been made in those appeals.