SCHEDULE 1Procedure in adjudication proceedings
PART 2Initiating an appeal
Disposal of an appeal without a hearingI16
1
Subject to the following provisions of this paragraph, the adjudicator may dispose of an appeal without a hearing.
2
The adjudicator must not dispose of an appeal without a hearing if, in the adjudicator’s opinion, the appeal raises issues of public importance such as to require that a hearing be held.
3
The adjudicator must not dispose of an appeal without a hearing if either party has requested a hearing unless—
a
the party who made the request withdraws the request before notice of a hearing has been sent to the other party under paragraph 7,
b
both parties have subsequently consented to the appeal being disposed of without a hearing, or
c
the party requesting the hearing, having been sent a notice of the hearing of an appeal in accordance with paragraph 7, fails to attend or be represented at the hearing.
4
Where the adjudicator is minded to dispose of an appeal without a hearing, the appeal must not be so disposed of unless and until either—
a
there has elapsed a period of 28 days beginning with the date on which an acknowledgment is sent in accordance with paragraph 3(1) during which neither party has requested a hearing, or
b
both parties have consented to its disposal without a hearing.