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.