Failure of Board to appear

(1) If the Board fails to appear at the hearing of the appeal and the magistrate is satisfied that a copy of the notice of appeal, a copy of the notice of the grounds of appeal and the notice of the hearing were duly served on the Board, he may proceed to hear and determine the appeal in the absence of the Board or may adjourn the hearing. (2) Where the appeal is decided in favour of the appellant in the absence of the Board, the magistrate may, on the application of the Board made within seven days of the making of that order, set aside the order and fix the appeal for further hearing.