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The Control of Off-Street Parking outside Greater London (Appeals Procedure) (England and Wales) Regulations 1979

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Procedure after hearing

14.—(1) The appointed person shall after the close of the hearing make a report in writing to the Secretary of State which shall include the appointed person's findings of fact and his recommendations, if any, or his reason for not making any recommendations.

(2) Where the Secretary of State—

(a)differs from the appointed person on a finding of fact, or

(b)after the close of the hearing takes into consideration any new evidence (including expert opinion on a matter of fact) or any new issue of fact (not being a matter of government policy) which was not raised at the hearing,

and by reason thereof is disposed to disagree with a recommendation made by the appointed person, he shall not come to a decision which is at variance with any such recommendation without first notifying the appellant, the local authority, the county council (if they appeared at the hearing), and any interested person who appeared at the hearing, of his disagreement and the reasons for it and affording them an opportunity of making representations in writing within 21 days or (if the Secretary of State has taken into consideration any new evidence or any new issue of fact, not being a matter of government policy) of asking within 21 days for the re-opening of the hearing.

(3) The Secretary of State may in any case if he thinks fit cause the hearing to be re-opened, and shall cause it to be re-opened if asked to do so in accordance with he last foregoing paragraph; and, if the hearing is re-opened, Regulation 9 shall apply as it applied to the original hearing, but with the substitution in paragraph (1) of “28” for “42”.

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