9.—(1) Any hearing of an appeal shall be heard by a tribunal composed in accordance with Article 6(1), (2) and (3)(1) of the Industrial Tribunals Order.
(2) Subject to paragraph (3), any hearing of or in connection with an appeal shall take place in public.
(3) A tribunal may sit in private for the purpose of hearing evidence from any person which in the opinion of the tribunal is likely to consist of –
(a)information which he could not disclose without contravening a prohibition imposed by or by virtue of any statutory provision;
(b)information which has been communicated to him in confidence, or which he has otherwise obtained in consequence of the confidence reposed in him by another person; or
(c)information the disclosure of which would, for reasons other than its effect on negotiations with respect to any of the matters mentioned in Article 96(1) of the Order of 1992, cause substantial injury to any undertaking of his or any undertaking in which he works.
(4) If a party wishes to submit representations in writing for consideration by a tribunal at the hearing of the originating application he shall present his representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to each other party.
(5) The tribunal may, if it considers it appropriate, consider representations in writing which have been submitted to the Secretary less than 7 days before the hearing.
Article 6(3) was amended by Articles 4 and 5 of the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)) and by section 27 of the National Minimum Wage Act (1998 c. 39)