38.—(1) The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if—
(a)the Tribunal considers that it is in the interests of justice to do so; and
(b)one or more of the conditions in paragraph (2) is satisfied.
(2) The conditions are—
(a)a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party's representative;
(b)a document relating to the proceedings was not sent to the Tribunal at an appropriate time;
(c)there has been some other procedural irregularity in the proceedings; or
(d)a party, or a party's representative, was not present at a hearing related to the proceedings.
(3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 28 days after the date on which the Tribunal sent notice of the decision to the party.
(4) If the Tribunal sets aside a decision or part of a decision under this rule, the Tribunal must notify the parties in writing as soon as practicable.