Tribunals Powers and Procedures Legislation Bill

  • enacted
94 Section 104 amended (Sittings of Tribunal)

(1AA)

In section 104(1), replace “or Chairperson” with “the Chairperson or a Deputy Chairperson”.

(1AB)

In section 104(2), replace “a Chairperson” with “the Chairperson or a Deputy Chairperson”.

(1AC)

In section 104(4), replace “A Chairperson” with “The Chairperson or a Deputy Chairperson”.

(1)

After section 104(4), insert:

(4A)

Despite anything in this Act to the contrary, the Tribunal or the Chairperson or a Deputy Chairperson may determine a proceeding on the papers if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate.

(4B)

Before doing so, the Tribunal or the Chairperson or a Deputy Chairperson must give the parties a reasonable opportunity to comment on whether the proceeding should be dealt with in that manner.

(4C)

The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Tribunal or the Chairperson or a Deputy Chairperson considers it appropriate and the necessary facilities are available.

(2)

Replace section 104(5) with:

(5)

The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A.

(6)

Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consultation with the Chairperson.

(5)

The Tribunal may regulate its procedure as it thinks fit, subject to this Act and any regulations made under it, and any practice notes issued under section 121A.

(3)

After section 104(5), insert:

(6)

Forms for use in the Tribunal may be approved by the chief executive of the Ministry of Justice after consulting the Chairperson.