OpenLegislation

Article 18 Procedure following quashing of decision

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Where a decision of the Secretary of State on an application or appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State—

(a)

shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application or appeal; and

(b)

shall afford to those persons the opportunity of making, within 3 weeks of the date of the written statement, written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and

(c)

may, as he thinks fit, cause the inquiry to be reopened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.