OpenLegislation

Rule 44 General powers

Original text. Later amendments are not shown.

(1)

The powers conferred by this rule are in addition to the Chair’s other powers.

(2)

The Chair may, except where these Rules provide otherwise—

(a)

extend or shorten the time for compliance with a requirement of, or of an order made under, the CCM or these Rules (even if an application for extension is made after the time for compliance with the requirement has expired);

(b)

give permission to a party to amend on such terms as the Chair considers just a document relating to the proceedings on the complaint;

(c)

adjourn or bring forward a hearing;

(d)

require a party or a party’s legal representative to attend a hearing;

(e)

hold a hearing and receive evidence by telephone, video link or any other method of direct oral communication;

(f)

direct that part of the proceedings may be dealt with as separate proceedings;

(g)

stay the whole or part of the proceedings or judgment either generally or until a specified date or event;

(h)

consolidate the proceedings with other proceedings on a complaint of serious misconduct;

(i)

hear two or more sets of proceedings on the same occasion;

(j)

direct a separate hearing of an issue;

(k)

decide the order in which issues are dealt with;

(l)

exclude an issue from consideration;

(m)

dismiss or give judgment on proceedings after a decision on a preliminary issue;

(n)

take any other step, or make any other order, for the purpose of managing the proceedings in accordance with the overriding objective.

(3)

Where the tribunal or court makes an order, the order may—

(a)

impose conditions;

(b)

specify the consequences of failure to comply with the order.

(4)

A power under these Rules to make an order includes a power to vary or revoke the order.

(5)

The power under paragraph (2)(a) may be exercised by the registrar of tribunals.