PART VAPPEAL TRIBUNALS

Procedure in connection with appeals23

1

Subject to paragraphs (2) and (3), the provisions in Chapters II to V of Part V of the Decisions and Appeals Regulations 199923 as in force on the date these Regulations are made shall apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the Act.

2

Regulations 38A24, 4125, 44, 45, 52 and 57B26 of the Decisions and Appeals Regulations 1999 shall not apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the Act.

3

The provisions of the Decisions and Appeals Regulations 1999 referred to in paragraph (1) shall have effect as if a reference to—

a

the Secretary of State, except in regulations 4027 (withdrawal of appeal or referral) and 5828 (application for leave to appeal to a Commissioner from an appeal tribunal), were a reference to a relevant authority;

b

party to the proceedings were a reference to principal parties;

c

“these Regulations” in regulations 46(1)(b) (appeals which may be struck out) and 57A29 (provisions common to regulations 56 and 57) were a reference to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;

d

a person in regulation 51 (postponement and adjournment) included a reference to a relevant authority;

e

a relevant enactment, in regulations 56 and 57 (correction of accidental errors and setting aside decisions) were a reference to Schedule 7 to the Act; and

f

in regulation 58—

i

section 12 and 13 were a reference to paragraphs 6 and 7 of Schedule 7 to the Act; and

ii

the Board were a reference to a relevant authority.