The Financial Assistance Scheme (Appeals) Regulations 2005

Time and place of oral hearings U.K.

17.—(1) If the Ombudsman decides that it is appropriate to hold an oral hearing in connection with his investigation of the matters arising on an appeal, he must fix the time and place of the hearing, having due regard to any representations made to him by each party to the appeal, or, if applicable, the party's representative, about the time and place that would be convenient to that party or that representative.

(2) The Ombudsman must send a notice of the time and place of the hearing to each party to the appeal, or, if applicable, to a party's representative.

(3) Where the appeal relates to a scheme notification decision or a scheme eligibility decision, the Ombudsman must take reasonable steps to publicise the time and place of the hearing to all other interested persons in relation to the appeal.

(4) A notice under paragraph (2) must be sent—

(a) where the appeal relates to a member assessment decision [F1 , an ill health payment assessment decision, an ill health eligibility decision] [F2 , a member eligibility decision [F3 , a severe ill health eligibility decision] [F4 , a survivor eligibility decision] [F5 , a section 134 or Article 118 directions decision, a valuation approval decision, an early retiree assessment decision, a lump sum assessment decision, an indexation assessment decision, a scheme beneficiaries decision] or a terminal illness decision], not later than—

(i) 21 days before the date of the hearing, or

(ii) by any later date agreed to by the parties to the appeal; or

(b) where the appeal relates to a scheme notification decision or a scheme eligibility decision, not later than seven weeks before the date of the hearing.

(5) The Ombudsman must include with a notice under paragraph (2), and in any publicity given under paragraph (3), a statement explaining—

(a) the purpose of the hearing; and

(b) the rights and duties of—

(i) each party to the appeal, and

(ii) any interested person in relation to the appeal who is not a party to the appeal,

as set out in regulations 18 and 19.

(6) Any publicity given under paragraph (3) must also specify the date by which an interested person must give notice to the Ombudsman under regulation 19(2) if he wishes to make representations at the hearing.

(7) If the Ombudsman considers it necessary to alter the time or place of a hearing, he must—

(a) send a notice of the alteration to each party to the appeal, or, if applicable, to that party's representative; and

(b) where the appeal relates to a scheme notification decision or a scheme eligibility decision, take reasonable steps to publicise the alteration to all other interested persons in relation to the appeal.

(8) A notice of the alteration must be sent not later than—

(a) seven days before—

(i) the date on which the hearing was to have taken place, or

(ii) if it is to be held earlier, the date on which the hearing will now take place; or

(b) any later date agreed to by the parties to the appeal.

(9) A notice under paragraph (2) or (7)(a) must be in writing, but, subject to that, may be sent in such manner as the Ombudsman considers appropriate.

(10) The Ombudsman may, before the conclusion of a hearing, adjourn the hearing if he considers it necessary to do so.

(11) If a hearing is so adjourned, the Ombudsman is not required by this regulation to give notice of, or publicise, the time and place for the resumption of the hearing if the time and place for resumption of the hearing are announced before the adjournment.

Textual Amendments

F1 Words in reg. 17(4)(a) inserted (17.7.2008) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1903), regs. 1, 20(3)

F2 Words in reg. 17(4)(a) substituted (16.12.2006) by Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2006 (S.I. 2006/3370), regs. 1(1), 9(3)

F3 Words in reg. 17(4)(a) inserted (27.3.2009) by The Financial Assistance Scheme and Incapacity Benefit (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/792), regs. 1(1), 12(4)

F4 Words in reg. 17(4)(a) inserted (10.7.2009) by The Financial Assistance Scheme (Miscellaneous Provisions) Regulations 2009 (S.I. 2009/1851), regs. 1, 34(3)

F5 Words in reg. 17(4)(a) inserted (2.4.2010) by The Financial Assistance Scheme (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/1149), regs. 1, 21(4)