The General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment)Regulations 2002

Amendments to the General Commissioners (Jurisdiction and Procedure) Regulations 1994

10.  For regulation 13 substitute—

Hearings in public

13.— (1) Subject to the following paragraphs of this regulation, hearings before a Tribunal shall be in public.

(2) A Tribunal may direct that all or part of a hearing shall be in private—

(a) upon the application of all the parties by notice to the Clerk;

(b) upon the application of any party by notice to the Clerk;

(c) of its own motion,

if in each case, a Tribunal is satisfied that a hearing in private is necessary—

(i) in the interests of morals, public order, national security, juveniles or for the protection of the private life of the party; or

(ii) if it considers that publicity would prejudice the interests of justice.

(3) Before determining an application under paragraph (2)(b) or giving a direction under (2)(c) a Tribunal shall give all other parties an opportunity to make representations.

(4) Before giving a direction under paragraph (2) that the entire hearing be in private, a Tribunal shall consider whether only part of the hearing should be heard in private.

(5) The following persons shall be entitled to be present at the hearing of any proceedings before a Tribunal notwithstanding that the hearing or part of the hearing takes place in private, and those referred to in sub-paragraphs (b) to (e) only may remain present during the deliberations of the Tribunal but shall take no part in those deliberations—

(a) the parties and their representatives;

(b) the Clerk and any of the staff of the General Commissioners;

(c) a member of the Council on Tribunals or of the Scottish Committee of that Council in the capacity of member;

(d) any of the Special Commissioners;

(e) a member of the Judicial Studies Board or of one of its Committees in the capacity of member.

(6) A Tribunal may exclude from the whole or part of a hearing any person whose conduct, in the opinion of a Tribunal, has disrupted or is likely to disrupt the hearing.

(7) A Tribunal, with the consent of the parties, may permit any other person to be present at the hearing of proceedings before it which is to take place, or part of which is to take place, in private.

(8) Where all or part of a hearing is held or is to be held in private, a Tribunal may direct that information about the whole or part of the proceedings (including information that might help to identify any person) before a Tribunal shall not be made public.

(9) For the purposes of paragraph (2)(i) “party” shall not include the Revenue.”.