Functions of a legal assessor
3
1
This rule applies to proceedings held by the GTCS under paragraph 2 of schedule 4 of the Order, in relation to questions of law that arise—
a
in the course of any hearing before a panel of members appointed by the GTCS; or
b
where such a panel is otherwise adjudicating on, or considering, any matter.
2
The legal assessor is to advise the GTCS on any such questions of law in accordance with this rule.
3
The legal assessor may give advice in relation to the drafting of written decisions and the structuring of reasons (such advice is not subject to the remainder of this rule).
4
The legal assessor may—
a
give advice even if he or she was not present at the hearing or meeting at which the question arose; and
b
communicate that advice from a separate location.
5
Any advice given by the legal assessor must—
a
be given in such manner as to be audible or otherwise intelligible to all parties to the proceedings; or
b
if given while the GTCS is deliberating in private—
i
be communicated to the parties as soon as reasonably practicable, and before any decision is pronounced; or
ii
be communicated to the parties immediately if the legal assessor considers it necessary.
6
Every party must be given an opportunity to comment on any advice given by the legal assessor.
7
The legal assessor may, following any comments made under paragraph (6), give further advice to the GTCS.
8
If the GTCS does not accept any advice given by the legal assessor under this rule, it must make a statement to that effect, setting out the reasons for not accepting the advice, during the proceedings or when it gives its decision, if that is given later.