OpenLegislation

Regulation 31 Review of decisionsI1

England and Wales Not yet in force

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

(1)

A tribunal constituted as provided in paragraph (2) shall have power on written application by a party to review and to revoke, vary or set aside by certificate under the hand of the presiding member any decision on the grounds that–

(a)

the decision was wrongly made as a result of a clerical error;

(b)

a party did not receive notice of the hearing leading to the decision and did not appear;

(c)

new evidence, the existence of which could not have been ascertained by reasonably diligent inquiry or could not have been foreseen, has become available since the conclusion of the proceedings to which the decision relates; or

(d)

the interests of justice otherwise require such a review.

(2)

As far as is reasonably practicable, the tribunal appointed to consider an application for a review shall consist of the same members as constituted the tribunal which took the decision subject to review.

(3)

If a tribunal in pursuance of this regulation revokes a decision, it shall set aside any order made in pursuance of that decision and shall order a re-hearing or redetermination before either the same or a different tribunal.

Annotations

Commencement

I1

Reg. 31 in force at 1.5.1989, see reg. 1