12.—(1) Where, after the close of the hearing, the appointed person proposes to take into consideration—E+W+S
(a)any new evidence, including expert opinion on a matter of fact; or
(b)any new issue of fact, not being a matter of government policy or a matter affecting the safety of the State,
which was not raised at the hearing and which the appointed person considers to be material to the decision, the appointed person must not come to a decision without first notifying the parties of the substance of the new evidence or of the new issue of fact and affording them an opportunity of making representations on the new evidence or new issue in writing within 21 days or of asking within that time for the re-opening of the hearing.
(2) If the appointed person thinks fit, the appointed person may cause the hearing to be re-opened and must cause it to be re-opened if asked to do so in accordance with sub-paragraph (1).
(3) Where the hearing is re-opened, paragraphs 7(1) and 7(4) apply as they applied to the original hearing with the substitution in paragraph 7(1) of “28” for “42”.
Commencement Information
I1Sch. 1 para. 12 in force at 1.9.2013, see reg. 2(1)