SCHEDULEPROCEDURE IN ADJUDICATION PROCEEDINGS
PART 2PROCEDURE RELATING TO APPEALS
Review of adjudicator’s decision12
1
The adjudicator may, on the application of a party, review—
a
any interlocutory decision; or
b
any decision to determine that a notice of appeal does not accord with paragraph 2 or to dismiss or allow an appeal, or any decision as to costs, on one or more of the following grounds—
i
the decision was wrongly made as the result of an administrative error;
ii
the adjudicator was wrong to reject the notice of appeal;
iii
a party who failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;
iv
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 reasonably have been known or foreseen;
v
where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not reasonably have been known or foreseen; or
vi
the interests of justice require such a review.
2
An application under subparagraph (1) must—
a
be delivered to the proper officer within the period of 14 days beginning with the date on which the copy of the register entry is served on the parties; and
b
state the grounds in full.
3
The parties shall have the opportunity to be heard on any application for review under subparagraph (1).
4
Having reviewed the decision, the adjudicator may direct that it be confirmed, that it be revoked or that it be varied.
5
If, having reviewed a decision, the adjudicator directs that it be revoked, he shall substitute a new decision or order a re-determination by himself, the original adjudicator or a different adjudicator.
6
Paragraph 11 shall apply to the confirmation, revocation or variation of a decision under this paragraph as it applies to a decision made on the disposal of an appeal.