The Council Tax (Alteration of Lists and Appeals) Regulations 1993

Review of decisions

30.—(1) Subject to paragraphs (2) and (3), a tribunal constituted as provided in paragraph (4) shall have power on the written application of a party to review or set aside by certificate under the hand of the presiding member any decision on the grounds that—

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

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

(c) the decision is affected by a decision of, or on appeal from, the High Court or the Lands Tribunal in relation to an appeal in respect of the dwelling which was the subject of the tribunal’s decision.

(2) An application under paragraph (1) may be dismissed if it is not made within the period of four weeks beginning on the day on which notice is given (whether in accordance with regulation 28(3) or regulation 31(3)) of the decision in question.

(3) Paragraph (1) does not apply where an appeal against the decision in question has been determined by the High Court.

(4) So far as is reasonably practicable, the tribunal appointed to review a decision shall consist of the same members as constituted the tribunal which took the decision.

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

(6) As soon as reasonably practicable after—

(a) a determination that the tribunal will not undertake a review;

(b) the determination of the tribunal not to set aside the decision in question;

(c) the issue of any certificate under paragraph (1);

(d) the revocation of any order under paragraph (5),

the clerk shall give written notice to the applicant and to every other party to the appeal of the occurrence of the relevant event.

(7) Where, in relation to a decision in respect of which an application under paragraph (1) is made, an appeal to the High Court remains undetermined on the relevant day, the clerk shall notify the High Court as soon as reasonably practicable after the occurrence of the relevant event.

(8) In paragraph (7)—

• “the relevant day” means the day on which, as the case may be,—

  (a)

  the application under paragraph (1) is made;

  (b)

  an event referred to in any of sub-paragraphs (a) to (d) of paragraph (6) occurs; and

• “the relevant event”, in relation to a relevant day, means the event occurring on that day.