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PART 5APPEALS AGAINST PENALTY CHARGES

Disposing of an appeal without a hearing

17.—(1) Subject to the provisions of this Part of these Regulations, the adjudicator may decide the general procedure to be followed in connection with appeals and may dispose of an appeal without a hearing, unless in his opinion the appeal raises issues of public importance such as to require that a hearing be held.

(2) If either party has requested a hearing, the adjudicator shall not dispose of an appeal without a hearing unless—

(a)the request is withdrawn before notice of a hearing has been sent to the other party; or

(b)both parties have subsequently consented to the appeal being disposed of without a hearing.

(3) Where the adjudicator is minded to dispose of an appeal without a hearing, he—

(a)shall inform the parties of that intention; and

(b)shall not dispose of the appeal without a hearing unless and until either—

(i)there has elapsed a period of four weeks beginning with the date on which an acknowledgement is sent in accordance with regulation 15(1) during which neither party has requested a hearing; or

(ii)both parties have consented to its disposal without a hearing.