# The Reserve Forces Appeal Tribunals Rules 1997, Article 27: Review of Tribunal’s determination


(1) If, on the application of a party or on its own initiative, the Tribunal is satisfied that—
(a) a determination was wrongly made as a result of an error on the part of the Secretary; or
(b) a party, who was entitled to be heard at a hearing and expressed an intention to attend or be represented but failed to appear or be represented, had good and sufficient reason for failing to appear; or
(c) new evidence has become available since the conclusion of the hearing to which the determination relates, the existence of which could not have been reasonably known of or foreseen; or
(d) the interests of justice require,
the Tribunal may review and, by certificate under the Chairman’s hand, set aside or vary the relevant determination.
(2) An application for the purposes of paragraph (1) may be made immediately following the determination at the hearing. If an application is not made at the hearing, it shall be made by delivering it in writing, stating in full the grounds of application, to the Secretary not later than 5 days after the date on which the determination was received by that party. When the Tribunal proposes to review its determination on its own initiative, it shall give written notice of that proposal to the parties within 5 days of so proposing.
(3) The parties shall, if they so request, have an opportunity to be heard on any application or proposal for review under this rule. The review shall be determined by the Tribunal which determined the case or, where this is not practicable, by another Tribunal selected under section 92 of the Act. If as a result of a review the determination is set aside or varied, the Tribunal shall by certificate under the Chairman’s hand substitute such determination as it thinks fit or order the same or a differently constituted Tribunal to redetermine the appeal.
(4) The certificate of the Chairman as to the setting aside or variation of the Tribunal’s determination under this rule shall be sent to the Secretary and the Secretary shall immediately make such correction as may be necessary in the register and shall send a copy of the entry so corrected to the parties.

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Source: https://www.legislation.gov.uk/uksi/1997/798/article/27 (the official version)
Page: https://openlegislation.uk/reserve-forces-appeal-tribunals-rules-1997/article-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.