PART 9Quashed decisions

Procedure following quashing of a decisionI137

1

Where the grant or refusal of an application by the Welsh Ministers is quashed in proceedings before any court and the Welsh Ministers are required to reconsider their decision, they—

a

must send to the persons who submitted written representations or who took part in the hearing or inquiry, a written statement of the matters with respect to which further representations are invited for the purposes of their further consideration of the application;

b

must afford to those persons the opportunity of making written representations to them in respect of those matters; and

c

may, as they think fit—

i

cause the hearing or inquiry to be re-opened;

ii

in the case of a hearing, cause an inquiry to be held instead (whether by the same or a different appointed person);

iii

in the case of an inquiry, cause a hearing to be held instead (whether by the same or a different appointed person);

iv

cause a hearing or inquiry to be held (where none was held previously); or

v

determine the matter by way of written representations.

2

If the Welsh Ministers re-open the hearing or inquiry regulations 21 and 32 apply as if the references to a hearing or inquiry are to a re-opened hearing or inquiry.

3

Those persons making representations must ensure that such representations are received by the Welsh Ministers within the period stated in the Welsh Ministers’ statement under paragraph (1)(a).