The First-tier Tribunal for Scotland General Regulatory Chamber Parking and Bus Lane Appeals (Rules of Procedure) Regulations 2020

Review of a decision

17.—(1) The First-tier Tribunal may, at its own instance or at the request of a party, review a decision made by it.

(2) The grounds on which a decision may be reviewed are that—

(a) the decision was wrongly made as a result of an error on the part of its administrative staff,

(b) an appellant who had failed to appear or be represented at a hearing had good and sufficient reason for the appellant’s failure to appear,

(c) where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not have been reasonably known about or foreseen by the parties,

(d) where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not have been reasonably known about or foreseen, or

(e) the interests of justice require such a review.

(3) A request for a review by a party must—

(a) be made in writing and copied to the other party,

(b) be made within 14 days of the date on which the decision is made or within 14 days of the date that the written reasons (if any) were sent to parties, and

(c) set out why a review of the decision is necessary.

(4) If the First-tier Tribunal considers the request is wholly without merit, the First-tier Tribunal must refuse the request and inform the parties of the reasons for refusal.

(5) Except where the request is rejected under paragraph (4), the First-tier Tribunal must send a notice to the parties—

(a) setting a time limit for any response to the request by the parties and seek the views of the parties on whether the request is to be determined without a hearing, and

(b) setting out, if the First-tier Tribunal considers it appropriate to do so, its provisional views on the request for review.

(6) Where the First-tier Tribunal proposes to review a decision at its own instance, it must—

(a) inform the parties in writing within 14 days of the date on which the decision is made or within 14 days of the date that the written reasons (if any) were sent to the parties, of the reasons why the decision is being reviewed, and

(b) review the decision as if a request for a review has been made and not refused.

(7) In accordance with rule 11 (decision of an appeal without a hearing), the decision may be reviewed without a hearing.

(8) Where practicable, the review must be undertaken by a different member of the First-tier Tribunal from the member who made the original decision to which the review relates.