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Regulation 32 Review of the tribunal’s decision

Original text. Later amendments are not shown.

(1)

If, on the application of a party to the Secretary of the Tribunal or of its own motion, the tribunal is satisfied that—

(a)

its decision was wrongly made as a result of an error on the part of the tribunal staff;

(b)

a party, who was entitled to be heard at a hearing but failed to appear or be represented, had good and sufficient reason for failing to appear; or

(c)

the interests of justice require,

the tribunal may review and, by certificate under the chairman’s hand, set aside or vary the relevant decision.

(2)

An application for the purposes of paragraph (1) above may be made immediately following the decision at the hearing. If an application is not made at the hearing, it shall be made not later than 10 working days after the date on which the decision was sent to the parties, and shall be in writing stating the grounds in full. When the tribunal proposes to review its decision of its own motion, it shall serve notice of that proposal on the parties within the same period.

(3)

An application for the purposes of paragraph (1) above may be refused by the President, or by the chairman of the tribunal which decided the case, if in his opinion it has no reasonable prospect of success.

(4)

If the application is not refused under paragraph (3) above, the parties shall have an opportunity to be heard on any application or proposal for review under this regulation and the review shall be determined by the tribunal which decided the case or, where it is not practicable for it to be heard by that tribunal, by a tribunal appointed by the President; and if, having reviewed the decision, the decision is set aside, the tribunal shall substitute such decision as it thinks fit or order a rehearing before either the same or a differently constituted tribunal.

(5)

If any decision is set aside or varied under this regulation or altered in any way by order of a superior court, the Secretary of the Tribunal shall alter the entry in the records to conform with the chairman’s certificate or order of a superior court and shall notify the parties accordingly.