The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990

Review of decisions

44.—(1) A tribunal constituted as provided in paragraph (2) shall have power on written application by a party to review and revoke, vary or set aside by certificate under the hand of the presiding member—

(a) any decision on the grounds mentioned in paragraph (3), and

(b) the decision on an appeal against a completion notice on the grounds mentioned in paragraph (4).

(2) As far as is reasonably practicable, the tribunal appointed to consider an application for a review shall consist of the same members as constituted the tribunal which took the decision subject to review.

(3) The grounds referred to in paragraph (l)(a) are—

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

(b) that a party did not receive notice of the hearing leading to the decision, and did not appear;

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

(d) that the decision is affected by a decision of, or on appeal from, the High Court in relation to an appeal under section 23 of the Act in respect of property consisting of or comprised in the hereditament which was the subject of the tribunal’s decision; or

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

(4) The grounds mentioned in paragraph (l)(a) are that 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.

(5) If a tribunal revokes a decision in pursuance of this regulation, it shall set aside any order made in pursuance of that decision and shall order a re-hearing or redetermination before either the same or a different tribunal.