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PART 10Appeals

CHAPTER 2Decisions of the Commissioners

Review out of time

97.—(1) This regulation applies if—

(a)the Commissioners have offered a review of a decision under this Chapter to a person (“P”); and

(b)P does not accept the offer within the time allowed under regulation 95(1)(b) or 96(2).

(2) The Commissioners must review the decision if—

(a)after the time allowed, P notifies the Commissioners in writing requesting a review out of time;

(b)the Commissioners are satisfied that P had a reasonable excuse for not accepting the offer of a review within the time allowed; and

(c)the Commissioners are satisfied that P made the request without unreasonable delay after the excuse had ceased to apply.