43.—(1) If either of the circumstances referred to in paragraph (2) occur after the decision of a Tribunal, the functions of that Tribunal may be undertaken by the convener and the remaining member.
(2) The circumstances referred to in paragraph (1) are–
(a)the death or incapacity of a member other than the convener; or
(b)such a member ceasing to be included in the panel of members.
(3) This rule shall not apply to a Tribunal–
(a)which is constituted with a convener and one member in accordance with rule 28(5); or
(b)in relation to which the President or another member of the panel of conveners is acting in place of the convener in accordance with rule 42(3).