Paragraph 12 Review of adjudicator’s decisionI1

England and Wales

(1)

The adjudicator may, on the application of a party, review—

(a)

any interlocutory decision; or

(b)

any decision to determine that a notice of appeal does not accord with paragraph 2 or to dismiss or allow an appeal, or any decision as to costs, on one or more of the following grounds—

(i)

the decision was wrongly made as the result of an administrative error;

(ii)

the adjudicator was wrong to reject the notice of appeal;

(iii)

a party who failed to appear or be represented at a hearing had good and sufficient reason for failing to appear;

(iv)

where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not reasonably have been known of or foreseen;

(v)

where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not reasonably have been known of or foreseen; or

(vi)

the interests of justice require such a review.

(2)

An application under sub-paragraph (1) must—

(a)

be served on the proper officer within the period of 14 days beginning with the date on which the decision is given to the parties; and

(b)

state the grounds in full.

(3)

The parties must have the opportunity to be heard on any application for review under sub-paragraph (1). The adjudicator considering the application may direct the means by which that hearing will be conducted.

(4)

Having reviewed the decision the adjudicator may direct that it be confirmed, revoked or that it be varied.

(5)

If, having reviewed the decision, the adjudicator directs that it be revoked, the adjudicator must substitute a new decision or order a re-determination by that adjudicator, the original adjudicator or a different adjudicator.

(6)

Paragraph 11 applies to the confirmation, revocation or variation of a decision under this paragraph as it applies to a decision made on the disposal of an appeal.

Annotations

Commencement

I1: Sch. para. 12 in force at 2.9.2013, see reg. 1(1)

Notes on Schedule

Modifications

C1: Sch. applied (with modifications) (1.4.2018) by The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 (S.I. 2018/171), regs. 1(2), 19(1)