SRA Handbook

Reconsideration

Back to version 21

Version 1 of the Handbook was published on 16/09/2011. For more information, please click 'History' Above

Regulation 18: Reconsideration

18.1

The SRA may reconsider or rescind a decision made under these regulations when it appears that the decision maker:

(a)

was not provided with material evidence that was available to the SRA;

(b)

was materially misled;

(c)

failed to take proper account of material facts or evidence;

(d)

took into account immaterial facts or evidence;

(e)

made a material error of law;

(f)

made a decision which was otherwise irrational or procedurally unfair;

(g)

made a decision which was otherwise ultra vires; or

(h)

failed to give sufficient reasons.

18.2

A decision may be reconsidered under 18.1 only on the initiative of the SRA.

18.3

The SRA, when considering the exercise of its powers under this regulation, may also give directions:

(a)

for further investigations to be undertaken;

(b)

for further information or explanation to be obtained; and

(c)

for the reconsideration to be undertaken by the original decision maker or by a different decision maker or panel.