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Local Government Finance Act 1988

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This is the original version (as it was originally enacted).

Procedure

8(1)Regulations under paragraph 1 above may include—

(a)provision for determining which tribunal is to deal with an appeal;

(b)provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by its clerk or other prescribed employee;

(c)provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by one of its members;

(d)provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by some of its members;

(e)provision as to the selection of a member who is to discharge functions relating to an appeal on behalf of a tribunal (which may include provision that he must be the president or a chairman);

(f)provision as to the number and selection of members who are to discharge functions relating to an appeal on behalf of a tribunal (which may include provision that one of them must be the president or a chairman).

(2)The regulations may include provision—

(a)prescribing the procedure to be followed for initiating an appeal, and authorising or requiring it to be dismissed if it is not initiated within a prescribed time;

(b)authorising an appeal to be disposed of on the basis of written representations in prescribed circumstances;

(c)prescribing the procedure to be followed before the hearing of an appeal;

(d)authorising an appeal to be withdrawn before the hearing in prescribed circumstances.

(3)The regulations may include provision prescribing the procedure to be followed at the hearing of an appeal, and such provision may include provision—

(a)requiring the hearing to take place in public except in prescribed circumstances;

(b)as to the persons entitled to appear and to be heard on behalf of parties to the appeal;

(c)authorising the hearing to proceed in the absence of a party or parties to the appeal in prescribed circumstances;

(d)requiring persons to attend to give evidence and produce documents;

(e)as to evidence generally (whether written evidence or oral evidence given under oath or affirmation) and, in particular, as to the use as evidence of information supplied under Schedule 9 above or under regulations under Schedule 2 above or under section 82 of the 1967 Act;

(f)as to the adjournment of the hearing.

(4)The regulations may include provision—

(a)that where two or more members of a tribunal are acting the decision of the majority is to prevail or, if the votes are equal, the appeal is to be reheard;

(b)requiring reasons for a decision to be given;

(c)authorising a decision to be given orally or in writing;

(d)authorising a decision to be reserved;

(e)authorising or requiring an order to be made in consequence of a decision;

(f)that an order may require a register or list to be altered (prospectively or retrospectively), or an estimate to be altered, or a designation of an individual as a responsible individual to be revoked, or a penalty to be quashed, or a designation under section 5 above to be revoked;

(g)that an order may require any ancillary matter to be attended to;

(h)authorising or requiring a tribunal to review or set aside a decision, or to vary or revoke an order, of the tribunal in prescribed circumstances.

(5)The regulations may include provision—

(a)requiring decisions and orders to be recorded;

(b)as to the proof of decisions and orders;

(c)authorising the correction of clerical errors in records of decisions and orders;

(d)requiring decisions, orders and corrections to be communicated to the parties to appeals.

(6)The regulations may include provision that, subject to any other provision of the regulations, a tribunal may regulate its own procedure.

(7)The regulations may include provision that a person who without reasonable excuse fails to comply with any requirement imposed by the regulations under sub-paragraph (3)(d) above shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

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