Regulation 20 Failure of parties to attend the hearingI1

England and Wales

(1)

If a party has informed the authority that he does not intend to attend or be represented at a hearing, the hearing may proceed in his absence.

(2)

If a party who has not so indicated fails to attend or be represented at a hearing the authority may—

(a)

where it considers it to be necessary in the public interest, adjourn the hearing to a specified date, or

(b)

hold the hearing in the party’s absence.

(3)

Where the authority holds the hearing in the absence of a party, the authority shall consider at the hearing the application, representations or notice made by that party.

(4)

Where F1an authority in England adjourns the hearing to a specified date it must forthwith notify the parties of the date, time and place to which the hearing has been adjourned.

F2(4A)

Where an authority in Wales adjourns the hearing to a specified date it must forthwith notify the parties—

(a)

in the case of a hearing held through remote means only, of the date and time to which the hearing has been adjourned and how to access it; or

(b)

in the case of a hearing held partly through remote means or not through remote means, of the date, time and place to which the hearing has been adjourned and how to access it.

Annotations

Textual amendments

F1: Words in reg. 20(4) substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 8(6)(a) (with regs. 10, 11)
F2: Reg. 20(4A) inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/356), regs. 1(2), 8(6)(b) (with regs. 10, 11)

Commencement

I1: Reg. 20 in force at 7.2.2005, see reg. 1