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The Silvertown Tunnel Order 2018

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Right to appeal to an adjudicator

4.—(1) Where TfL serves notice under paragraph 3(5)(b) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL’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 TfL.

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

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

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

(b)that TfL would have been under the duty imposed by paragraph 3(6) to refund any sum if TfL had served notice that it accepted that the ground in question had been established,

the adjudicator must direct the authority to make the necessary refund.

(4) TfL must comply with a direction of the adjudicator.

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