13.—(1) In giving a review decision under regulation 4 or 7(1), or a subsequent review decision under regulation 7(2), the scheme manager must take into account—
(a)the grounds on which the application for a review is made;
(b)any evidence provided in support of the application;
(c)any valid written representations received in respect of the application; and
(d)any other matters which appear to the scheme manager to be relevant including any relevant change of circumstances since the date on which the reviewable determination or the review decision was made.
(2) In giving a review decision under regulation 10(a), or a subsequent review decision under regulation 10(b), the scheme manager must take into account—
(a)any valid written representations received in respect of the proposed review;
(b)any other matters which appear to the scheme manager to be relevant including any relevant change of circumstances since the date on which the reviewable determination or the review decision was made.
(3) For the purposes of paragraph (1)(c) and (2)(a), a written representation is valid when—
(a)it is made by, or on behalf of, a person—
(i)to whom a notice of a review under regulation 8(1)(b)(i) or 11(1)(a), (2) or (3)(a) was issued by the scheme manager or to whom an acknowledgement was sent by the scheme manager under regulation 8(1)(a); or
(ii)any interested person to whom the scheme manager has publicised the matters referred to in regulation 8(1)(b)(ii) or 11(1)(b) or (3)(b)(i); and
(b)it is received by the scheme manager—
(i)before the end of the period referred to in regulation 12(2)(a) or before the end of such further period as the scheme manager may in any particular case allow; or
(ii)before the date publicised by the scheme manager in accordance with regulation 8(1)(b)(ii) or 11(1)(b) or (3)(b)(i).
Commencement Information
I1Reg. 13 in force at 20.7.2005, see reg. 1(1)