OpenLegislation

Article 6 Functions exercisable by single member

Original text. Later amendments are not shown.

The following powers and duties may be exercised or performed by a single member of the Tribunal—

(a)

the power under rule 8(4) or rule 9(4) to invite or direct the complainant to supply information or make representations;

(b)

the power under section 68(2) of the Act to require a relevant Commissioner to provide assistance;

(c)

the power under section 68(6) of the Actf1 to require the disclosure or provision of documents or information;

(d)

the power under paragraph 5(2) of Schedule 3 to the Act to authorise an officer to obtain documents or information on the Tribunal’s behalf;

(e)

the power under section 7(5)(b) of the Human Rights Act 1998 to determine a longer period before the end of which section 7 proceedings may be brought;

(f)

the power under section 67(5) of the Act to decide to consider or determine a complaint made more than one year after the taking place of the conduct to which it relates;

(g)

the duty under rule 15 to notify the complainant and respondent of any of the determinations described in that rule;

(h)

the duty, in considering a complaint, to investigate the matters described in paragraphs (a) and (b) of section 67(3) of the Act;

(i)

the power to grant or refuse an application, from either party to a complaint or proceedings, for a stay or an extension of or lifting of a stay in that matter;

(j)

the power to grant or refuse an application, from either party to a complaint or section 7 proceedings, for an extension of time for compliance with any order or direction of the Tribunal;

(k)

the power to strike out or refuse to strike out a complaint or section 7 proceedings for wilful or persistent failure to comply with an order or direction of the Tribunal;

(l)

the power to strike out, refuse to strike out, stay, or refuse to stay a complaint or proceedings filed otherwise than in accordance with rule 8 or 9.

Annotations

Footnotes

f1

Section 68(6) was amended by section 243(4) of the Investigatory Powers Act 2016.