Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p10
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 22289–24991

section, 'prescribed matter' means a matter referred to in paragraph (a), (d) or (j) of sub-section (1) of section 27.

"Division 4—Review or Reconsideration by the Commission

Review by Commission of decision the subject of application for review by Tribunal
"107vl. (1) Where—
    (a) an application for a review of a decision of the Commission has been made to the Tribunal; and
    (b) the Commission considers that, because of the lapse of time since that decision of the Commission was made or any other special circumstances, the Commission should review that decision before the review by the Tribunal in pursuance of the application is proceeded with,
the Commission shall notify the Tribunal of its intention to conduct a review of that decision and, thereupon, the Tribunal shall postpone the hearing of the proceeding on the review by the Tribunal pending the completion of the review by the Commission.
    "(2) Where—
    (a) an application for a review of a decision of the Commission or a Board has been made to the Tribunal; and

    (b) in the proceeding on the review there is before the Tribunal further evidence that was not before the Commission or the Board and the Tribunal is satisfied that that further evidence would have been relevant to the making of a decision in the proceeding before the Commission or the Board,
the Tribunal shall adjourn the hearing and request the Commission to review that decision having regard to that further evidence.
"(3) Where the Tribunal requests the Commission under sub-section (2) to review a decision, the Tribunal may, if the decision is a decision with respect to a pension assessment, vary that assessment pending the completion of the review of the decision by the Commission, having regard to the records and evidence on which the Commission or a Board reached that decision.
"(4) Where—
    (a) the decision of the Commission on a review by the Commission referred to in sub-section (1) or (2) is to affirm the decision the subject of the review, and the Commission notifies the Tribunal accordingly; or
    (b) within 3 months after the service on the applicant, in accordance with section 47a, of a copy of the decision of the Commission on a review by the Commission referred to in sub-section (1) or (2), the applicant notifies the Tribunal that he is not satisfied with the decision,
the Tribunal shall proceed with the hearing of the proceeding that was postponed or adjourned, but, in that proceeding, the decision for review by the Tribunal shall be the decision of the Commission on the review referred to in sub-section (1) or (2) instead of the decision to which the application relates.
"(5) Where the Commission gives