The Reserve Forces Appeal Tribunals Rules 1997

Procedure at hearing

25.—(1) Subject to this rule, the Tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings; it shall so far as appears to it appropriate seek to avoid formality in its proceedings.

(2) At the beginning of the hearing the Chairman shall explain the order of proceeding which the Tribunal proposes to adopt.

(3) The parties shall be heard in such order as the Tribunal shall determine. They shall be entitled to give evidence, to call witnesses, to question any witness and to address the Tribunal both on the evidence and generally on the subject matter of the appeal.

(4) Evidence before the Tribunal may be given orally or, if the Tribunal so orders, by affidavit or statement, but the Tribunal may at any stage of the proceedings require the personal attendance of any maker of an affidavit or statement.

(5) The Tribunal may admit evidence of any fact which appears to it to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law, and shall admit any evidence which is admissible at law and is relevant.

(6) At any hearing the Tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to put forward any evidence not presented or known to the Authority before or at the time it made the disputed determination.

(7) The Tribunal may require any party or witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.