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PART 5Appeals

Determination of appeals by written representations

32.—(1) This regulation applies where an appeal is to be determined by written representations.

(2) Within 35 days of receiving notice that the appeal is to be so determined the appellant and the Department must—

(a)serve on the appointed person any (or any further) representations he or it wishes to rely on in the appeal; or

(b)notify the appointed person that he or it wishes to rely only on the information already provided.

(3) As soon as is practicable after receiving the representations or notification in paragraph (2), the appointed person must—

(a)send copies of any (or any further) representations to the other participants in the appeal; and

(b)notify the other participants in the appeal of any notification by the appellant or the Department that he or it does not wish to rely on any further representations.

(4) Any of the participants in the appeal who wish to make representations must do so within 28 days of the date he or it is notified of the representations or notification under paragraph (3).

(5) If the appointed person receives any representations under paragraph (4), he must send copies of them to the other participants in the appeal.

(6) The appointed person must allow the participants in the appeal a period of at least 28 days to respond to any representations made under paragraphs (2) or (4).

(7) Following the expiry of the period allowed in paragraph (6) the appointed person must determine the appeal and notify the decision to the participants in the appeal.