§ 5B.—(1) Regulations under paragraph I 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- (d) authorising an appeal to be withdrawn before the hearing in prescribed circumstances.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 8 or 11 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 to be revoked, or a penalty to be quashed or reduced, 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.