8.—(1) The President shall, at such time as he considers it appropriate to do so, nominate a chairman (who may be himself) to determine the grant or refusal of permission to proceed with an application.
(2) If permission to appeal is granted, the President shall, at such time as he considers it appropriate to do so, nominate a chairman (who may be himself) and two members of the lay panel to determine the case.
(3) The President may, at any time before the hearing (or, if the application is to be determined without an oral hearing, before the application is determined) nominate from the appropriate panel another person in substitution for the chairman or other member previously nominated.
(4) The President shall nominate members of the lay panel who appear to him to have experience and qualifications relevant to the subject matter of the case.
(5) The President or the nominated chairman may determine any application made in relation to the case.
9.—(1) If either party has requested that there shall be a preliminary hearing, or if the President or the nominated chairman considers that a preliminary hearing is necessary, the President or the nominated chairman, as the case may be, shall fix a date for the preliminary hearing as soon as possible.
(2) The Secretary shall notify the parties as soon as possible, and in any event not less than 5 working days before the hearing of the date, time and place of any preliminary hearing.
(3) The parties may be represented or assisted at any preliminary hearing by any person.
(4) At the preliminary hearing, or otherwise if a preliminary hearing is not to be held, the President or the nominated chairman—
(a)shall give directions as to the dates by which any document, witness statement or other material upon which any party is intending to rely shall be sent to the Tribunal and, if the President or the nominated chairman considers it appropriate, to the other party;
(b)may give any other direction in exercise of his powers under this Part that he considers appropriate; and
(c)shall, where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date, which shall not be less that 10 working days after the last date on which he has directed that any document, witness statement or other evidence be sent to the Tribunal, by which the parties shall send in any written representations regarding the appeal.
(5) The President or the nominated chairman may direct that exchange of witness statements or other material shall be simultaneous or sequential as he considers appropriate.
(6) The Secretary shall notify the parties as soon as possible in writing of any directions the President or the nominated chairman gives under paragraphs (4) or (5) above.
(7) The Tribunal (or the President or nominated chairman) may require any person (other than the parties) to attend and give evidence or produce documents at the hearing.
(8) The Tribunal (or the President or nominated chairman) may invite any person who, in its, or his, opinion, has an interest in the proceedings to submit written representations and any such representations shall be sent to the Secretary before the end of the period of 14 days beginning with the date on which the invitation is sent to that person.
10.—(1) The Secretary must, in consultation with the President or the nominated chairman, fix a date for the hearing of the case unless the applicant has requested in writing that the case be determined without a hearing.
(2) The date fixed for the hearing shall be the earliest practicable date having regard to any directions which have been made by the President or the nominated chairman with regard to the preparation of evidence but shall be no sooner than 15 working days after the latest date on which the President or the nominated chairman has directed that the evidence of the parties (including the statements of any witnesses or experts) shall be filed or exchanged.
(3) The Secretary must inform the parties in writing of the date, time and place of the hearing no less than 20 working days before the date fixed for the hearing.
(4) Subject to paragraph (5), the President or the nominated chairman may adjourn the hearing, either on the application of either party or on his own initiative.
(5) The President or the nominated chairman shall not adjourn the hearing unless satisfied that a failure to adjourn would prevent the just disposal of the case.
(6) If the President or the nominated chairman adjourns the hearing, then the Secretary must, without delay, inform the parties in writing of the date, time and place at which the hearing will be resumed.
11.—(1) The Tribunal may regulate its own procedure.
(2) At the beginning of the hearing the President or the nominated chairman must explain the order of proceedings which the Tribunal proposes to adopt.
(3) The parties may be represented or assisted at the hearing by any person.
(4) The applicant has the right to give evidence at the hearing in person, and any other person may do so unless the President or nominated chairman has directed otherwise.
(5) The Tribunal may consider any evidence, whether or not such evidence would be admissible in a court of law.
(6) The Tribunal may require any witness to give evidence on oath or affirmation which may be administered for the purpose by the President or nominated chairman or the clerk.
(7) If either party fails to attend or be represented at the hearing, the Tribunal may determine the case in that party’s absence.
12.—(1) The hearing must be in public except in so far as any person is excluded under regulation 17.
(2) Whether or not the hearing is held in public—
(a)the President;
(b)the clerk; and
(c)any person whom the President or the nominated chairman permits to be present in order to assist the Tribunal,
are entitled to attend the hearing.
(3) Whether or not the hearing is held in public, the President may remain present during the Tribunal’s deliberations, but must not take part in those deliberations, except where the President is the nominated chairman of the Tribunal.
13.—(1) The President or the nominated chairman may, upon being requested to do so by either of the parties, or on his own initiative, issue a summons requiring any person to—
(a)attend as a witness at the hearing, at the date, time and place set out in the summons; and
(b)answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the case.
(2) The summons must explain the right to apply under this regulation to have it varied or set aside.
(3) A person summoned under this regulation may apply in writing to the Secretary for the summons to be varied or set aside by the President or the nominated chairman, and—
(a)the President or the nominated chairman may vary the summons or set it aside if he sees fit; and
(b)the Secretary must notify the person and the parties in writing of the decision.
(4) No person shall be required to attend, answer questions or produce any document in obedience to a summons issued under this regulation unless—
(a)he has been given at least 5 working days’ notice of the hearing; and
(b)the necessary expenses of his attendance are paid or tendered to him by the applicant or by the Tribunal, as the President or the nominated chairman shall direct.
(5) No person shall be required under this regulation to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings in a county court.
14.—(1) A child shall only give evidence in person where, having regard to all the available evidence, and any representations made by the parties, the President or the nominated chairman considers that the welfare of the child will not be prejudiced by so doing.
(2) If he directs that a child shall give evidence in person, the President or the nominated chairman shall—
(a)secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the child; and
(b)appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by children.
(3) Where the President or the nominated chairman believes that it might not be in the best interests of a vulnerable adult or a sensitive witness for the vulnerable adult or sensitive witness to give oral evidence to the Tribunal, the President or the nominated chairman shall, having regard to all the available evidence, including any representations made by the parties, consider whether it would prejudice the vulnerable adult’s or sensitive witness’s welfare to give oral evidence to the Tribunal—
(a)in any circumstances; or
(b)otherwise than in accordance with paragraph (5).
(4) If the President or the nominated chairman considers that it would prejudice the vulnerable adult’s or sensitive witness’s welfare—
(a)to give oral evidence to the Tribunal in any circumstances, he shall direct that the vulnerable adult or sensitive witness shall not do so; or
(b)to give oral evidence to the Tribunal otherwise than in accordance with paragraph (5) he shall direct that paragraph (5) shall apply in relation to the vulnerable adult or sensitive witness.
(5) If he directs that this paragraph shall apply in relation to the vulnerable adult or sensitive witness, the President or the nominated chairman shall—
(a)secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the vulnerable adult or sensitive witness; and
(b)appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by vulnerable adults or sensitive witnesses.
(6) The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to any person appointed under this regulation.
15.—(1) The President or the nominated chairman may, if he thinks that any question arises in relation to the case on which it would be desirable for the Tribunal to have the assistance of an expert, appoint a person having appropriate qualifications to enquire into and report on the matter.
(2) Subject to regulation 16, the Secretary must supply the parties with a copy of any written report received under paragraph (1) in advance of the hearing or, if the case is to be determined without an oral hearing, before the case is determined.
(3) If the President or the nominated chairman sees fit, he may direct that the expert shall attend the hearing (if any), and give evidence.
(4) The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to any person appointed under this regulation.
16.—(1) This regulation applies where—
(a)the report received pursuant to regulation 15(1) consists of, or includes, a medical report, or the respondent wishes the Tribunal, in determining the case, to consider a medical report; and
(b)the President or the nominated chairman is satisfied that—
(i)disclosure to the applicant of all or any part of the contents of the medical report would be so harmful to his health or welfare that it would be wrong to disclose it to him; and
(ii)in all the circumstances it would not be unfair if that report, or that part of it, is considered by the Tribunal.
(2) The President or the nominated chairman may appoint a person having appropriate skills or experience to assess whether disclosure of the medical report, or any part of it, to the applicant would be harmful to the applicant’s health or welfare and report on the matter to the President or the nominated chairman.
(3) Where paragraph (1) applies, the President or the nominated chairman may direct that—
(a)the medical report or any part of its contents must not be disclosed to the applicant; and
(b)that report, or that part of it, may be considered by the Tribunal.
(4) The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to the person mentioned in paragraph (2).
17.—(1) Where paragraph (2) applies, the President or the nominated chairman (or, at the hearing, the Tribunal) may on his (or its) own initiative, or on a request by the applicant that the hearing or any part of it should be conducted in private, direct that—
(a)any member of the public specified in the direction;
(b)members of the public generally; or
(c)members of the press and members of the public,
be excluded from all or part of the hearing.
(2) This paragraph applies where the President or the nominated chairman (or, at the hearing, the Tribunal) is satisfied that a direction under paragraph (1) is necessary in order to—
(a)safeguard the welfare of any child, vulnerable adult or sensitive witness;
(b)protect a person’s private life; or
(c)avoid the risk of injustice in any legal proceedings.
18.—(1) Where paragraph (2) applies, the President or the nominated chairman (or, at the hearing, the Tribunal) may make a restricted reporting order.
(2) This paragraph applies where the President or the nominated chairman (or, at the hearing, the Tribunal) is satisfied that an order under paragraph (1) is necessary in order to—
(a)safeguard the welfare of any child, vulnerable adult or sensitive witness;
(b)protect a person’s private life; or
(c)avoid the risk of injustice in any legal proceedings.
(3) A restricted reporting order is an order prohibiting the publication (including by electronic means) in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to identify the applicant, any child, any vulnerable adult or any other person who the President or the nominated chairman or the Tribunal considers should not be identified.
(4) An order made under this regulation may be made in respect of a limited period and may be varied or revoked by the President or the nominated chairman before the hearing (or by the Tribunal at the hearing).