Prospective
Section 41.
Textual Amendments
1(1)A Tribunal hearing any appeal shall have power to—
(a)investigate the facts on which the decision appealed against was based;
(b)order the production of documents which it considers are relevant to the appeal;
(c)summon witnesses;
(d)consider fresh evidence, including evidence which could have been produced to the Board before it made the decision in question;
(e)admit any evidence which it considers is relevant to the hearing even though it would not be admissible in proceedings before a court.
(2)On determining any appeal, a Tribunal may—
(a)confirm, reverse or vary any decision of the Board which is the subject of the appeal; or
(b)remit the case to the Board with directions as to the action to be taken by the Board.
2(1)The [F2Secretary of State] may by regulations make provision with respect to the making of appeals to, and the procedure to be followed by, Tribunals.
(2)The regulations may, in particular, make provision—
(a)as to the period within which appeals must be brought;
(b)for the holding of hearings in private in prescribed circumstances;
(c)as to the persons who may appear on behalf of the parties;
(d)for enabling hearings to be conducted even though a member of the Tribunal, other than the Chairman, is absent;
(e)as to the disclosure by the appellant, and others, of documents and the inspection of documents;
(f)requiring persons to attend the proceedings and give evidence;
(g)as to the payment of expenses incurred by persons compelled to attend proceedings by regulations made by virtue of paragraph (f);
(h)authorising the administration of oaths to witnesses;
(i)as to the withdrawal of appeals;
(j)as to costs and expenses incurred by any party to the proceedings; and
(k)authorising preliminary or incidental matters in relation to an appeal to be dealt with by the Chairman of the Tribunal hearing that appeal.
Textual Amendments
F2Words in Sch. 6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
3(1)The [F3Secretary of State] may, with the consent of the Treasury, make such provision as he thinks fit for—
(a)the allocation of staff for any Tribunal;
(b)the remuneration of members of Tribunals and the reimbursement of their expenses;
(c)defraying any reasonable expenses incurred by any Tribunal.
(2)Any sums payable under any provision made by the [F3Secretary of State] under sub-paragraph (1) shall be paid out of money provided by Parliament.
Textual Amendments
F3Words in Sch. 6 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)