Paragraph 6 Disposing of an appeal without a hearingI1
England and Wales
Subject to the following provisions of this paragraph, the adjudicator may dispose of an appeal without a hearing.
The adjudicator must not dispose of an appeal without a hearing if, in the adjudicator’s opinion, the appeal raises issues of public importance such as to require that a hearing be held.
The adjudicator must not dispose of an appeal without a hearing if either party has requested a hearing unless—
the party who made the request withdraws it before notice of a hearing has been served on the other party under paragraph 7;
both parties have subsequently consented to the appeal being disposed of without a hearing; or
the party requesting the hearing having been served with a notice of the hearing of an appeal under paragraph 7, fails to attend or be represented at the hearing.
Where the adjudicator is minded to dispose of an appeal without a hearing, the appeal must not be disposed of unless and until either—
there has elapsed a period of 28 days beginning with the date on which an acknowledgement is served in accordance with paragraph 3(1)(a) during which neither party has requested a hearing; or
both parties have consented to its disposal without a hearing.
Annotations
Commencement
- I1
Sch. para. 6 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)