39.—(1) In this regulation “participant” (“cyfranogwr”) means an applicant or a party or witness or other person taking part in proceedings relating to an application or to whom an order of the tribunal is addressed.
(2) If a participant informs the tribunal that the participant is unable to read or speak or understand the English language or the Welsh language, the tribunal must make arrangements for the participant to be provided, free of charge, with the necessary translations and assistance of an interpreter to enable the participant’s effective participation in the proceedings.
(3) If a participant informs the tribunal that the participant is unable to read English or Welsh as a consequence of being temporarily or permanently blind or partially sighted, the tribunal must make arrangements for that participant to be provided, free of charge, with the necessary assistance (which may include, but is not limited to, the provision of documents in Braille or in large print, or a reader of the documents) to enable the participant’s effective participation in the proceedings.
(4) If a participant informs the tribunal that the participant is able to speak in English or Welsh, but is unable to read or write in English or Welsh, the tribunal must provide the participant with the services of a person to read and explain the nature and content of any documents, and to write any documents on behalf of the participant that the participant reasonably requires for the purpose of enabling the participant’s effective participation in the proceedings.
(5) The requirement for a tribunal to provide a participant with the services of a person to read, write or explain the nature and content of documents under paragraph (4) does not include a requirement for a tribunal to give any legal advice, but includes a requirement to explain the procedural steps in the proceedings.
(6) If a participant is without hearing or speech, the tribunal must make arrangements for that participant to be provided, free of charge, with the services of a sign language interpreter, lip speaker, or palantypist, to enable that participant’s effective participation in the proceedings.
(7) A participant is entitled to assistance under this regulation whether or not the participant is represented by someone else.
(8) A participant requiring assistance under this regulation, but not receiving it, must at the earliest opportunity notify the requirement for assistance to the tribunal.
(9) This regulation does not in any way restrict the overriding objective of a tribunal described in regulation 3.