39.—(1) This regulation applies where a hearing has been held for the purposes of a transferred appeal.
(2) Where an assessor has been appointed he shall, after the close of the hearing, make a report in writing to the inspector of the matters on which he was appointed to advise, and the inspector shall state in the notification of his decision pursuant to regulation 41 that such a report was made.
(3) When making his decision the inspector may disregard any written representations, or evidence or any other document received after the hearing has closed.
(4) If, after the close of the hearing, an inspector proposes to take into account any new evidence or matter of fact which was not raised at the hearing and which he considers to be material to his decision, he shall not come to a decision without first—
(a)notifying the appellant and the relevant authority and any other person who appeared at the hearing; and
(b)affording them an opportunity of making written representations to him or of asking for the re-opening of the hearing,
and they shall ensure that such written representations or request to re-open the hearing are received by the Secretary of State within three weeks of the date of notification.
(5) An inspector may, if he thinks fit, cause a hearing to be re-opened and he shall do so if asked by the appellant or the relevant authority in the circumstances and within the period mentioned in paragraph (4); and where a hearing is re-opened—
(a)the inspector shall send to the appellant, the relevant authority and any other person who appeared at the hearing a written statement of the matters with respect to which further evidence is invited; and
(b)paragraphs (3) to (8) of regulation 32 shall apply as if the references to a hearing were references to a re-opened hearing.