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The Pensions Compensation Board (Determinations and Review Procedure) Regulations 1997

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Requirements applying to oral hearings

22.—(1) An oral hearing of a review shall be in public except where the Review Board are satisfied that, by reason of the disclosure of intimate personal or financial circumstances, commercially sensitive information, or information communicated or obtained in confidence, it is just and reasonable for the hearing, or part of it, to be in private.

(2) The Review Boad may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the Board, to disrupt the hearing.

(3) The following persons shall be entitled to attend, and, in the case of persons listed in sub-paragraphs (a), (d), (e) and (g), be heard at, an oral hearing of a review whether or not it takes place in public—

(a)the applicant (if any);

(b)a member of the Board who is not appointed to the Review Board;

(c)a member of the Council on Tribunals or of the Scottish Committee of that Council;

(d)a witness called by the applicant (if any) or the Board or by any other person entitled to be heard;

(e)the trustees of the scheme to which the application relates;

(f)the secretary to the Board;

(g)such other person as it appears to the Board the justice of the case may require.

(4) If the applicant or any other person entitled to be heard fails to attend or be represented at an oral hearing of a review, the Review Board may—

(a)unless they are satisfied that there is sufficient reason for such absence, hear and determine the review in the absence of that person; or

(b)adjourn the hearing.

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