Paragraph 32 Procedure etc. on appeals
An appeal to the Committee under section 29 of, or paragraph 8 of Schedule 6 to, the Act is not by way of a full rehearing and must be conducted in accordance with the following procedure.
The evidence which may be considered is limited to documents showing or recording the evidence which was before the Council at the time of the refusal or decision which is the subject of the appeal and relates to the grounds of the appeal, and fresh evidence may only be considered if—
the Committee are satisfied that—
it could not previously have been obtained with reasonable diligence, and
if it had been before the Council it would have had an important influence upon the determination of the matter; or
it relates to conduct which occurred after the date of the refusal or decision which is the subject of the appeal.
The Committee may hold a preliminary hearing for determining issues relating to the production of fresh evidence and the conduct of the appeal, and the Committee may give directions about the conduct of the appeal at such a preliminary hearing, or the Chairman may do so without a hearing.
Unless a collection of all the documents relevant to determination of the matter which is the subject of the appeal with an index at the front and all pages numbered has been—
prepared by the appellant or, at his request and expense, by the Council,
served in duplicate on the Council at least 21 days before the date of the hearing of the appeal,
the Committee may dismiss the appeal.
If any party to the appeal wishes to raise a point of law, he must serve a notice, summarising the point and his argument about it, on every other party and the Legal Assessor at least 14 days before the date it is heard.
The Chairman may examine any party or witness at any stage of the hearing and with the Chairman’s consent any member of the Committee or the Legal Assessor may do so.