Paragraph 13 Procedure after completion of examinationI1

England, Wales and Scotland

(1)

The Secretary of State may disregard any representations received after the completion of the examination.

(2)

If, after the completion of the examination, the Secretary of State—

(a)

differs from the examiner on any matter of fact mentioned in, or appearing to the Secretary of State to be material to, a conclusion reached by the examiner; or

(b)

takes into consideration any new evidence or new matter of fact,

and is for that reason disposed to disagree with any recommendation made by the examiner, the Secretary of State shall not come to a decision which is at variance with that recommendation without—

(i)

notifying the parties of the disagreement and the reasons for it; and

(ii)

giving them an opportunity of making written representations to the Secretary of State in respect of the new evidence or new matter of fact.

(3)

In the circumstances described in paragraphs (2)(a) and (b) the Secretary of State may re-open the hearing.

(4)

Where the hearing is re-opened, the provisions in paragraph 9 shall apply and where an examiner has been appointed paragraph 10 shall apply.

(5)

In this paragraph “completion of the examination” means the completion of the examination of the closed evidence.

Annotations

Commencement

I1: Sch. para. 13 in force at 1.3.2010, see rule 1(1)