The Valuation and Community Charge Tribunals (Amendment) Regulations 1993

Review of decisions

20.  For regulation 31 there is substituted the following–

“Review of decisions

31.— (1) Subject to paragraph (2), a tribunal constituted as provided in paragraph (3) shall have power on written application by a party to review or set aside by certificate under the hand of the presiding member any decision on the grounds that–

(a) the decision was wrongly made as a result of clerical error;

(b) a party did not appear and can show reasonable cause why he did not do so;

(c) new evidence, the existence of which could not have been ascertained by reasonably diligent inquiry or could not have been foreseen, has become available since the conclusion of the proceedings to which the decision relates;

(d) the decision is affected by a decision of, or on appeal from, the High Court or the Lands Tribunal in relation to an appeal in respect of the property which, or, as the case may be, the person who, was the subject of the tribunal’s decision;

(e) the interests of justice otherwise require such a review.

(2) Paragraph (1) does not apply where an appeal against the decision in question has been determined by the High Court.

(3) So far as is reasonably practicable, the tribunal appointed to review a decision shall consist of the same members as constituted the tribunal which took the decision.

(4) If a tribunal sets aside a decision in pursuance of this regulation, it shall revoke any order made in consequence of that decision and shall order a rehearing or redetermination before either the same or a different tribunal.

(5) The clerk shall as soon as reasonably practicable notify the parties to the appeal in writing of–

(a) the issue of any certificate under paragraph (1); and

(b) the revocation of any order under paragraph (4).

(6) Where in relation to a decision in respect of which an application under paragraph (1) is made, an appeal to the High Court remains undetermined on the relevant day, the clerk shall notify the High Court as soon as reasonably practicable after the occurrence of the relevant event.

(7) In paragraph (6)–

• “the relevant day” means the day on which, as the case may be,–

  (a)

  the application under paragraph (1) is made;

  (b)

  it is determined that the tribunal will not undertake a review under that paragraph; or

  (c)

  the event referred to in sub-paragraph (a) or (b) of paragraph (5) occurs; and

• “the relevant event”, in relation to a relevant day, means the event occurring on that day.”