OpenLegislation

Article 32 Exclusion of public

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this rule, any hearing by the appellate authority shall take place in public.

(2)

Subject to the provisions of paragraph (4), where in accordance with section 22(4) of the 1971 Act (cases involving forgery of documents) the appellate authority is required to arrange for the proceedings to take place in the absence of a party and his representatives, all members of the public shall be excluded from those proceedings.

(3)

Subject to the provisions of paragraph (4), the appellate authority may exclude any member of the public or members of the public generally from any hearing or from any part of such a hearing —

(a)

at the request of a party;

(b)

where, in the opinion of the authority, a member of the public is behaving in a manner likely to interfere with the proper conduct of the proceedings and, to prevent such interference, that member or members of the public generally should be excluded; or

(c)

where, in the opinion of the authority, such evidence relating to a person other than a party is likely to be given as, subject to the interests of the parties, should not be given in public and no party requests that it be given in public.

(4)

Nothing in this rule shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.