Article 11 Directions
Subject to paragraph (4)(2)(b), the Chairman of the Panel may give, vary or revoke directions for the conduct of the case allocated to his Panel, including directions in respect of matters such as:—
the timetable for the case;
the varying of the time within which or by which an act, required or authorised by these Rules, be done;
the service of documents;
the submission and production of evidence;
the curing or waiving of irregularities;
the listing, location and adjournment of hearings;
the calling of witnesses;
the appointment of a special advocate and his conduct of a case under rule 16;
the granting of consent in accordance with rule 5(2);
and following his appointment under rule 3, the Chairman of the Panel shall consider whether such directions need to be given at any time.
Directions under paragraph (1) may be given, varied or revoked either—
of the Chairman of the Panel’s own motion; or
on the written application of a party to the Commissioners which has been served on the other party and which specifies the direction which is sought.
Within 14 days of being notified of a direction under paragraph (1) either party may appeal to the Chairman of the Panel by serving a written notice of appeal stating the grounds of the appeal on both the Chairman of the Panel and the other party; the other party may in reply make representations on the appeal which shall be served on the Chairman of the Panel and the party moving the appeal.
The Chairman of the Panel shall consider the written representations of the parties.
After considering the representations made under paragraph (3) the Chairman of the Panel may:—
make a decision; or
where he thinks it necessary to hear oral submissions by the parties, he may decide to hold a preliminary hearing in accordance with paragraph 5 and subject to paragraph 6(b); and he shall give the parties at least 14 days' notice of the time and place fixed for the hearing.
Except in so far as the Chairman of the Panel otherwise directs, at a preliminary hearing:—
the Chairman of the Panel shall sit alone; and
the preliminary hearing shall be conducted in accordance with rule 9 as it applies to the hearing of the case, save the prisoner shall not attend except where he is unrepresented.
The decision of the Chairman of the Panel made under paragraph 4(2)(a) or (b) shall be final and shall be recorded in writing with reasons, dated and signed by him, and communicated in writing to the parties not more than 7 days after the date of the making of the decision under paragraph 4(2)(a) or, where appropriate, the end of the preliminary hearing held under paragraph 4(2)(b).