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Miscellaneous powers of the adjudicator
     14.  - (1) The adjudicator may, if he thinks fit - 

(a) extend the time appointed by or under these Regulations for doing any act notwithstanding that the time appointed may have expired;

(b) if the appellant at any time gives notice of the withdrawal of his appeal, dismiss the proceedings;

(c) if the local authority consents to an appeal being allowed, allow the appeal;

(d) if both or all of the parties agree in writing on the terms of a decision to be made by an adjudicator, decide accordingly; or

(e) adjourn a hearing.

    (2) The powers of the adjudicator conferred by - 

(a) these Regulations (other than regulation 11);

(b) section 72(1)(b) of the Act; and

(c) paragraph 5(1)(b) of Schedule 6 to the Act,

may be exercised on his own motion or on the application of a party.

Clerical errors
     15. Clerical mistakes in any document recording a direction or decision of the adjudicator, or errors arising in such a document from an accidental slip or omission, may be corrected by the proper officer on the direction of the adjudicator.

Service of documents
     16.  - (1) This regulation has effect in relation to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal.

    (2) Subject to paragraph (3), any such document shall be regarded as having been sent to that party if it is - 

(a) delivered to him;

(b) left at his proper address;

(c) sent by post to him at that address;

(d) transmitted to him by FAX or other means of electronic data transmission in accordance with paragraphs (3), (4) and (5).

    (3) A document may be transmitted by FAX where the party has indicated in writing to the proper officer that he is willing to regard a document as having been duly sent to him if it is transmitted to a specified FAX number and the document is transmitted to that number.

    (4) In the case of a local authority, an indication under paragraph (3) can be expressed to apply to any appeal to which it is a respondent.

    (5) Paragraphs (3) and (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.

    (6) Where the proper address includes a numbered box number at a document exchange, delivery of a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.

    (7) For the purposes of these Regulations and of section 7 of the Interpretation Act 1978[3] in its application to this regulation - 

(a) the proper address of the appellant is the address specified in his notice of appeal pursuant to paragraph (2)(b) of regulation 3 or (if no such address is so specified) the address specified pursuant to paragraph (2)(a) of that regulation; and

(b) the proper address of a local authority in proceedings in which it is the respondent is such address as the local authority from time to time specifies in a notice delivered to the proper officer as being the proper address in all such proceedings.

    (8) If no address for service has been specified, the proper address for the purposes of these Regulations and section 7 of the Interpretation Act 1978[4] shall be - 

(a) in the case of an individual, his usual or last known address, or

(b) in the case of a partnership, the principal or last known place of business of the firm within the United Kingdom, or

(c) in the case of an incorporated or unincorporated body, the registered or principal office of the body.

    (9) An appellant may at any time by notice to the proper officer change his proper address for service for the purposes of these Regulations and section 7 of the Interpretation Act 1978.

    (10) A party may by notice in writing delivered to the proper officer vary or revoke any indication given to him under paragraph (3).

Delivery of documents to the proper officer
     17.  - (1) This regulation has effect in relation to any notice or other document required or authorised to be delivered to the proper officer and is without prejudice to regulation 5(3).

    (2) Any such document may be transmitted to him by FAX or other means of electronic data transmission.

    (3) Where the address of the proper officer includes a numbered box number at a document exchange, the delivery of such a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.

    (4) Regulations 3(4) and 5(4) - 

(a) shall in the case of a document transmitted by FAX, be satisfied if a copy of the signature of the relevant person appears on the transmitted copy; and

(b) shall not apply in relation to a document transmitted by other means of electronic data transmission.

and in relation to a case so referred, for the purposes of this Part of these Regulations, a relevant person is the person against whom the county court order has been made.

Procedure
     19.  - (1) Where a case has been referred to the adjudicator under paragraph 8(7) of Schedule 6 to the Act - 

(a) the proper officer shall enter particulars of the case in the register; and

(b) without prejudice to his powers under that provision, the adjudicator shall give directions as to the conduct of the proceedings unless he decides that no such directions are necessary.

    (2) The adjudicator may, in particular - 

(a) if it appears to him that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal; or

(b) if it appears to him that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under regulation 11 to review that decision.

    (3) Where the adjudicator gives a direction under paragraph (2)(a), Part II of these Regulations shall apply to the proceedings with appropriate modification as if regulation 3 and 4 had been omitted.

[4] 1978 c.30.back