SCHEDULES
SCHEDULE 6The Pathogens Access Appeal Commission
5Procedure
1
The Lord Chancellor may make rules—
a
regulating the exercise of the right of appeal to the Commission;
b
prescribing practice and procedure to be followed in relation to proceedings before the Commission;
c
providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;
d
making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);
e
making provision about proof of the Commission’s decisions.
2
In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—
a
that decisions which are the subject of appeals are properly reviewed; and
b
that information is not disclosed contrary to the public interest.
3
The rules may, in particular—
a
provide for full particulars of the reasons for denial of access to be withheld from the applicant and from any person representing him;
b
enable the Commission to exclude persons (including representatives) from all or part of proceedings;
c
enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);
d
permit preliminary or incidental functions to be discharged by a single member;
e
permit proceedings for permission to appeal under section 70(5) to be determined by a single member;
f
make provision about the functions of persons appointed under paragraph 6;
g
make different provision for different parties or descriptions of party.
4
Rules under this paragraph—
a
shall be made by statutory instrument; and
b
shall not be made unless a draft of them has been laid before and approved by resolution of each House of Parliament.
5
In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.