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London Local Authorities and Transport for London Act 2008

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Right to appeal to an adjudicator

3(1)Where a relevant authority serve notice under paragraph 2(5)(b) above that they do not accept that a ground on which representations were made under paragraph 2 above has been established, the person making those representations may appeal to an adjudicator against the authority’s decision, before—

(a)the end of the period of 28 days beginning with the date of service of the notice; or

(b)such longer period as an adjudicator may allow following consultation with the relevant authority.

(2)An adjudicator may allow a longer period for an appeal under sub-paragraph (1)(b) above whether or not the period specified in sub-paragraph (1)(a) above has already expired.

(3)On an appeal under this paragraph, the adjudicator shall consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 2(3) above and, if he concludes—

(a)that any of the representations are justified; and

(b)that the relevant authority would have been under the duty imposed by paragraph 2(6) above to refund any sum if they had served notice that they accepted that the ground in question had been established,

he shall direct the authority to make the necessary refund.

(4)It shall be the duty of a relevant authority to whom such a direction is given to comply with it.

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