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4.—(1) On and after 1st October 2009—
(a)any appeal of which notice has been given under regulation 18 (initiating an appeal) of the 1989 Regulations before that date and which has not been determined before that date;
(b)any review commenced under regulation 31 (review of decisions) of the 1989 Regulations before that date which has not been concluded before that date,
shall be dealt with in accordance with Part 4 of the 1989 Regulations as modified by regulation 3(3) of these Regulations.
(2) Where immediately before 1st October 2009 an appeal of the description specified in paragraph (1)(a)—
(a)is part-heard; or
(b)is being dealt with by written representations,
the VTE President shall, where any individual hearing the appeal or considering the written representations becomes a member of the Tribunal on 1st October 2009, arrange for that individual (or, if more than one, those individuals) to continue to hear the appeal or consider the written representations (as the case may be).
(3) Where immediately before 1st October 2009 an appeal of the description in paragraph (1)(a)—
(a)is part-heard; or
(b)is being dealt with by written representations, but
(c)none of the individuals hearing the appeal or considering the written representations becomes a member of the Tribunal on 1st October 2009,
the VTE President shall make arrangements for the appeal to be dealt with by one or more members of the Tribunal, of whom at least one is a senior member.
(4) Where immediately before 1st October 2009 a review of the description specified in paragraph (1)(b) is being dealt with by any individual who becomes a member of the Tribunal on that date, the VTE President shall arrange for that individual (or, if more than one, those individuals) to continue to deal with the review.
(5) Where immediately before 1st October 2009 a review of the description specified in paragraph (1)(b) is being dealt with by individuals of whom none becomes a member of the Tribunal on that date, the VTE President shall make arrangements for the review to be dealt with by one or more members of the Tribunal, of whom at least one is a senior member.
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