Part 3Inquiries

Procedure following quashing of decision

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—

(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,

(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

(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—

(a)the appointed representative, and

(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.