Setting aside decisions on certain grounds
13.—(1) Subject to regulation 14, on an application made by a party to the proceedings, a decision, made under regulations 5, 10 and 11 and Schedule 2 by an adjudication officer, a tribunal or a Commissioner (“the adjudicating authority”), together with any determination given on an application for leave to appeal to a Commissioner, or the appropriate appeal court against such a decision may be set aside by the adjudicating authority which gave the decision or an authority of like status, in a case where it appears just to set that decision aside on the grounds that
(a)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by a party to the proceedings or the party’s representative or was not received at the appropriate time by the person or tribunal who gave the decision;
(b)in the case of an appeal to a tribunal or an oral hearing before a Commissioner a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing relating to the proceedings; or
(c)the interests of justice so require.
(2) An application under this regulation shall be made in accordance with regulation 15 and Schedule 1.
(3) Where an application to set aside is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
(4) Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
(5) For the purpose of determining under these Regulations an application to set aside a decision, there shall be disregarded regulation 16(1) which deems any notice or other document required or authorised to be given or sent to any person to have been given or sent if it was sent by post to that person’s last known notified address.