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.