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authorising an appeal to be withdrawn before the hearing in prescribed circumstances.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.