OpenLegislation

Article 26 Procedure at hearings

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to the 2006 Act and these Rules, the Tribunal must conduct all hearings under these Rules in such manner as it considers most suitable to the clarification of the issues before it, and generally to the just, expeditious and economical determination of the proceedings.

(2)

Subject to any directions by the Tribunal, the parties may—

(a)

give evidence (and, with the consent of the Tribunal, bring expert evidence);

(b)

call witnesses;

(c)

question any witnesses; and

(d)

address the Tribunal on the evidence, and generally on the subject matter of the appeal.

(3)

Evidence may be admitted by the Tribunal—

(a)

whether or not it would be admissible in a civil trial in England and Wales; and

(b)

whether or not it was available to the Regulator when the Regulator’s decision was made.

(4)

If a party fails to attend or be represented at any hearing of which that party has been duly notified, the Tribunal may, if it is satisfied that there is no sufficient reason for the absence—

(a)

hear and determine the application or appeal in the party’s absence; or

(b)

adjourn the hearing,

and may give any directions it thinks fit.