The Traffic Management (Proceedings before Adjudicators) Regulations (Northern Ireland) 2006

Review of adjudicator’s decision

11.—(1) The adjudicator shall have power to revise or set aside any decision to dismiss or allow an appeal or any decision as to costs on the grounds (in each case) that—

(a) the decision was wrongly made as the result of an error on the part of his administrative staff;

(b) a party who had failed to appear or be represented at a hearing had good and sufficient reason for his failure to appear;

(c) where the decision was made after a hearing, new evidence has become available since the conclusion of the hearing, the existence of which could not have been reasonably known of or foreseen;

(d) where the decision was made without a hearing, new evidence has become available since the decision was made, the existence of which could not have been reasonably known of or foreseen; or

(e) it is in the interests of justice to do so.

(2) An adjudicator shall have power, on the application of a party, to revise or set aside any interlocutory decision.

(3) An application under this regulation shall be made to the proper officer within 14 days after the date on which the decision was sent to the parties, and shall state the grounds in full.

(4) The parties shall have the opportunity to be heard on any application under this regulation; and if, having reviewed the decision, the adjudicator directs the decision to be set aside, he shall substitute such decision as he thinks fit or order a re-determination by either the same or a different adjudicator.

(5) Regulation 10 shall apply to a decision under paragraph (1) as it applies to a decision made on the disposal of an appeal.