Procedure following remitting of appeal22

1

Where an appeal in respect of which an inquiry has been held is remitted by any court to the Secretary of State for rehearing and redetermination, the Secretary of State—

a

shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters on which further representations are invited in order for him to consider the appeal further;

b

shall give those persons the opportunity of making written representations to him about those matters or asking for the re-opening of the inquiry; and

c

may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.

2

Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall send such representations or requests to the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).