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PART 4Hearings of appeals and applications

Review of the Tribunal’s decision

34.—(1) If, at the request of a party or at the Tribunal’s own initiative, the Tribunal is satisfied that the Tribunal’s decision was wrongly made as a result of an administrative error on the part of the Tribunal or staff, the Tribunal may review that decision.

(2) When the Tribunal reviews a decision under paragraph (1) it may set aside that decision.

(3) A request by a party under paragraph (1) must state the grounds on which the request is made and must be made—

(a)orally at the hearing immediately following the announcement of the decision; or

(b)by way of written application filed not later than 14 days after the date on which notification of the decision was sent by the Tribunal.

(4) Where the Tribunal proposes to review its decision on its own initiative, the Tribunal must notify the parties of that proposal not later than 14 days after the date on which the decision was notified to the parties under rule 32 (notification of Tribunal’s decision).

(5) The parties must have an opportunity to make representations in relation to any request or proposal for review under this rule.

(6) A review under this rule is to be heard either by the same members of the Tribunal who made the decision or by a differently constituted Tribunal.

(7) The decision of the Tribunal whether or not to set aside the decision must be recorded in a certificate signed by the Tribunal.

(8) If the Tribunal sets the decision aside—

(a)the Tribunal must—

(i)substitute such decision as it thinks fit;

(ii)make such correction as may be necessary in the register; and

(iii)send a copy of the entry so corrected to the parties.

(9) The Tribunal must notify the parties in writing of the Tribunal’s decision.