39.—(1) An appeal panel may direct that an oral hearing is to be held if—
(a)the appellant reasonably requests an oral hearing, or
(b)the panel considers an oral hearing to be necessary in the interests of justice.
(2) An appeal panel may, if it considers it necessary in the interests of justice to do so, direct that evidence at an oral hearing is to be given on oath.
(3) An oral hearing is to be held in private but the panel may, if it considers that it would be in the interests of justice to do so, direct that the hearing is to be held wholly or partly in public.
(4) The appeal panel may direct that an oral hearing is to be held, wholly or in part, via video link, telephone conference or any other electronic means.
(5) The Board may, by notice in writing, require any person to attend a hearing convened by the panel and to give oral evidence on oath to the appeal panel.
(6) A notice under [F1paragraph (5)] must specify one or more dates on which the person must attend, the earliest of which must be at least 21 days after the date of the notice.
(7) A person to whom a notice under [F2paragraph (5)] is given may make a claim to the appeal panel that—
(a)the person is unable to comply with the notice, or
(b)it is not reasonable in all the circumstances to require the person to comply with the notice.
(8) On considering a [F3claim] under paragraph (7), the panel may confirm, revoke or vary the notice.
Textual Amendments
F1Words in reg. 39(6) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(12)(a)
F2Words in reg. 39(7) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(12)(b)
F3Word in reg. 39(8) substituted (25.7.2023) by The Victims’ Payments (Amendment) Regulations 2023 (S.I. 2023/742), regs. 1(1), 2(12)(c)
Commencement Information
I1Reg. 39 in force at 29.5.2020, see reg. 1(3)