Regulation 40 Decisions on appealsI1
England and Wales
An appeal may be decided by a majority of the members participating; and where (pursuant to regulation 37(2)) it falls to be disposed of by two members and they are unable to agree, it must be remitted by the Clerk to be decided by an Appeal Panel consisting of three different members.
Where an appeal is disposed of on the basis of a hearing, the decision of the Appeal Panel may be reserved or given orally at the end of the hearing.
Subject to paragraph (4), as soon as is reasonably practicable after a decision has been made, it must—
in the case of a decision given orally, be confirmed,
in any other case, be communicated,
by notice in writing to the parties; and the notice must be accompanied by a statement of the reasons for the decision.
Nothing in paragraph (3) will require notice to be given to a party if it would be repetitive of any document supplied to that person in accordance with regulation 43.
In the case of an appeal against a completion notice, the Clerk must send notice of the decision to the listing officer appointed for the billing authority which is a party to the appeal.
In this regulation, “member” means a member of an Appeal Panel.