PART 7Powers, procedure and administration

CHAPTER 2Practice and procedure

Particular matters

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.