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5.—(1) Except as otherwise provided in these Hearing Session Rules, the procedure at a hearing session shall be as the review panel determine.
(2) The review panel are, having considered any submission by the persons entitled to appear at the hearing session, to state at the commencement of the hearing session the procedure the review panel propose to adopt.
(3) Any person entitled to appear may do so on that person’s own behalf or be represented by another person.
(4) Where there are two or more persons having a similar interest in the issues being considered at the hearing session, the review panel may allow one or more persons to appear on behalf of some or all of any persons so interested.
(5) A hearing shall take the form of a discussion led by the review panel and cross examination is not permitted unless the review panel consider that cross examination is required to ensure a thorough examination of the issues.
(6) Subject to paragraph (7), a person entitled to appear at a hearing session is entitled to call evidence.
(7) The review panel may refuse to permit—
(a)the giving or production of evidence;
(b)the cross examination of persons giving evidence; or
(c)the presentation of any other matter,
which the review panel consider to be irrelevant or repetitious.
(8) The review panel may proceed with a hearing session in the absence of any person entitled to appear at the hearing session.
(9) The review panel may from time to time adjourn the hearing session and, if the date, time and place of the adjourned hearing session are announced before the adjournment, no further notice is required otherwise rule 3 applies as it applies to the variation of the date, time or place at which a hearing session is to be held.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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