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Tribunals (Scotland) Act 2014

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This is the original version (as it was originally enacted).

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71Proceedings and steps

(1)Tribunal Rules may make provision about proceedings in a case before the Scottish Tribunals.

(2)Rules making provision as described in subsection (1) may (in particular)—

(a)provide for the form and manner in which a case is to be brought,

(b)allow for the withdrawal of a case (with or without restrictions on subsequent proceedings as respects the same matter),

(c)set time limits for—

(i)making applications,

(ii)taking particular steps,

(d)enable two or more applications to be conjoined in certain circumstances,

(e)specify circumstances in which the Tribunals may take particular steps of their own initiative.

72Hearings in cases

(1)Tribunal Rules may make provision about hearings in a case before the Scottish Tribunals.

(2)Rules making provision as described in subsection (1) may (in particular)—

(a)provide for certain matters to be dealt with—

(i)without a hearing,

(ii)at a private hearing,

(iii)at a public hearing,

(b)require notice to be given of a hearing (and for the timing of such notice),

(c)specify persons who may—

(i)appear on behalf of a party in a case,

(ii)attend a hearing in order to provide support to a party or witness in a case,

(d)specify circumstances in which particular persons may appear or be represented at a hearing,

(e)specify circumstances in which a hearing may go ahead—

(i)at the request of a party in a case despite no notice of it having been given to another party in the case,

(ii)in the absence of a particular member chosen to exercise the function of deciding any matter in a case,

(f)enable two or more sets of proceedings to be taken concurrently at a hearing in certain circumstances,

(g)allow for an adjournment of a hearing for the purpose of giving the parties in a case an opportunity to use a process of negotiation, mediation, arbitration or adjudication for resolving a dispute to which the case relates,

(h)allow for the imposition of reporting restrictions for particular reasons arising in a case.

73Evidence and decisions

(1)Tribunal Rules may, in connection with proceedings before the Scottish Tribunals—

(a)make provision about the giving of evidence and the administering of oaths,

(b)modify the application of any other rules relating to either of those matters so far as they would otherwise apply to such proceedings.

(2)Tribunal Rules may, in connection with proceedings before the Scottish Tribunals, provide for the payment of expenses and allowances to a person who—

(a)gives evidence,

(b)produces a document, or

(c)attends such proceedings (or is required to do so).

(3)Tribunal Rules may, in connection with proceedings before the Scottish Tribunals, make provision by way of presumption (for example, as to the serving of something on somebody).

(4)Tribunal Rules may make provision about decisions of the Scottish Tribunals, including as to—

(a)the manner in which such decisions are to be made,

(b)the incorporation in such decisions of findings in fact,

(c)the recording, issuing and publication of such decisions.

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