SCHEDULES
SCHEDULE 11 Tribunals
Procedure
8
1
Regulations under paragraph 1 above may include—
a
provision for determining which tribunal is to deal with an appeal;
b
provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by its clerk or other prescribed employee;
c
provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by one of its members;
d
provision that prescribed functions of a tribunal relating to an appeal may be discharged on its behalf by some of its members;
e
provision as to the selection of a member who is to discharge functions relating to an appeal on behalf of a tribunal (which may include provision that he must be the president or a chairman);
f
provision as to the number and selection of members who are to discharge functions relating to an appeal on behalf of a tribunal (which may include provision that one of them must be the president or a chairman).
2
The regulations may include provision—
a
prescribing the procedure to be followed for initiating an appeal, and authorising or requiring it to be dismissed if it is not initiated within a prescribed time;
b
authorising an appeal to be disposed of on the basis of written representations in prescribed circumstances;
c
prescribing the procedure to be followed before the hearing of an appeal;
d
authorising an appeal to be withdrawn before the hearing in prescribed circumstances.
3
The regulations may include provision prescribing the procedure to be followed at the hearing of an appeal, and such provision may include provision—
a
requiring the hearing to take place in public except in prescribed circumstances;
b
as to the persons entitled to appear and to be heard on behalf of parties to the appeal;
c
authorising the hearing to proceed in the absence of a party or parties to the appeal in prescribed circumstances;
d
requiring persons to attend to give evidence and produce documents;
e
as to evidence generally (whether written evidence or oral evidence given under oath or affirmation) and, in particular, as to the use as evidence of information supplied under Schedule 9 above or under regulations under Schedule 2 above or under section 82 of the 1967 Act;
f
as to the adjournment of the hearing.
4
The regulations may include provision—
a
that where two or more members of a tribunal are acting the decision of the majority is to prevail or, if the votes are equal, the appeal is to be reheard;
b
requiring reasons for a decision to be given;
c
authorising a decision to be given orally or in writing;
d
authorising a decision to be reserved;
e
authorising or requiring an order to be made in consequence of a decision;
f
that an order may require a register or list to be altered (prospectively or retrospectively), or an estimate to be altered, or a designation of an individual as a responsible individual F1or as a certification officer to be revoked, or a penalty to be quashed, or a designation under section 5 above to be revoked;
g
that an order may require any ancillary matter to be attended to;
h
authorising or requiring a tribunal to review or set aside a decision, or to vary or revoke an order, of the tribunal in prescribed circumstances.
5
The regulations may include provision—
a
requiring decisions and orders to be recorded;
b
as to the proof of decisions and orders;
c
authorising the correction of clerical errors in records of decisions and orders;
d
requiring decisions, orders and corrections to be communicated to the parties to appeals.
6
The regulations may include provision that, subject to any other provision of the regulations, a tribunal may regulate its own procedure.
7
The regulations may include provision that a person who without reasonable excuse fails to comply with any requirement imposed by the regulations under sub-paragraph (3)(d) above shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.