SCHEDULE 9APPEALS

PART 2

10

1

Where, after the hearing, the appointed person proposes to take into consideration—

a

any new evidence, including expert opinion on a matter of fact; or

b

any new issue of fact, not being a matter of government policy or a matter affecting the safety of the State,

which was not raised at the hearing and which he considers to be material to his decision, he shall not come to a decision without first notifying the parties of the substance of the new evidence or of the new issue of fact and affording them an opportunity of making representations thereon in writing within 21 days or of asking within that time for the re-opening of the hearing.

2

If he thinks fit, the appointed person may cause the hearing to be re-opened and shall cause it to be re-opened if asked to do so in accordance with sub-paragraph (1).

3

Where a hearing is re-opened, paragraph 6(1) shall apply as it applied to the original hearing.