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NATIONAL INSURANCE MEASURE (NORTHERN IRELAND) 1974 - SECT 5



5.(1) The Department may by regulations make provision with respect to

(a)the correction of accidental errors in any decision or record of a decision
given with respect to a claim or question arising under or in connection with
any relevant enactment by a body or person authorised to decide the claim or
question; and

(b)the setting aside of any such decision in a case where it appears just to
set the decision aside on the ground that

(i)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 an
appropriate time by the body or person who gave the decision, or

(ii)a party to the proceedings in which the decision was given or the party's
representative was not present at a hearing related to the proceedings;

Subs.(2) rep. with saving by 1975 c.18 ss.1(2), 2(2) sch.1 Pt.II, sch.3 Pt.III

(3) Regulations made under subsection (1) ... shall be subject to negative
resolution.

(4) Nothing in subsection (1) shall be construed as derogating from any power
to correct errors or set aside decisions which is exercisable apart from
regulations made by virtue of that subsection.

Subs.(5), with Schedule 4, effects amendments


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© 1974 Crown Copyright

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