OpenLegislation

Regulation 16 Notification of decision to review or refusal to review

Original text. Later amendments are not shown.

(1)

Upon receipt of an application for a review, the Board shall decide whether to review the determination in relation to which the review is sought and within 56 days of receipt of the application send to the applicant, and to such other persons as it appears to the Board the justice of the case may require, a notice in writing containing the information specified in paragraph (2) or, as the case may be, paragraph (3).

(2)

The decision to review the determination together with a statement of—

(a)

the right to send written representations to the Board at any time until they receive notification of the date fixed for the review or until such later date as the Board may permit, in relation to the review generally;

(b)

the right, upon request being made within 28 days of receipt of the written notice referred to in paragraph (1) and regulation 17(1)(a), to have the review conducted by means of an oral hearing;

(c)

the procedure to be followed in relation to the review, whether or not it is conducted by means of an oral hearing.

(3)

The decision to refuse to review the determination together with a statement of—

(a)

the reasons for the Board’s decision; and

(b)

the right to seek a review of the decision as specified under section 80(2) of the Act, or, as the case may be, Article 78(2) of the Order.

(4)

Where in any particular case it is not reasonably practicable for the Board to give such notice as is specified under paragraph (1) within the period therein referred to, the Board shall within that period notify the persons entitled to receive such notice of the date by which it will be given and of the reasons for the delay.