Part 3Inquiries

Procedure following quashing of decision

rule 26 + 26.—(1) Subject to paragraph (2), where a decision of an inspector in the case of a standard decision, or the decision of the Secretary of State in the case of a recovered decision, in respect of which an inquiry has been held, is quashed in proceedings before any court, the Secretary of State—

rule 26 1 a + (a)must send to any person entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of the further consideration of the application,

rule 26 1 b + (b)must afford to those persons the opportunity of making written representations to the Secretary of State in respect of those matters or of asking for the re-opening of the inquiry, and

rule 26 1 c + (c)may, as the Secretary of State thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector), and if the Secretary of State does so, paragraphs (2) to (9) of rule 18 will apply as if the references to an inquiry were references to a re-opened inquiry.

(2) Where the matters referred to in paragraph (1)(a) will involve consideration of closed evidence, the Secretary of State must only send the written statement to—

rule 26 2 a + (a)the appointed representative, and

rule 26 2 b + (b)a person specified, or of any description specified, in the security direction.

(3) Those persons making representations or asking for the inquiry to be re-opened must ensure such representations or requests are received by the Secretary of State within a period of 3 weeks beginning with the date the written statement under paragraph (1)(a) was sent.