Article 20 Amendment of rules

For rule 34 substitute—

“General power to make costs or expenses orders

34.

(1)

In the circumstances listed in rule 34A the Appeal Tribunal may make an order (“a costs order”) that a party or a special advocate, (“the paying party”) make a payment in respect of the costs incurred by another party or a special advocate (“the receiving party”).

(2)

For the purposes of these Rules “costs” includes fees, charges, disbursements and expenses incurred by or on behalf of a party or special advocate in relation to the proceedings, including the reimbursement allowed to a litigant in person under rule 34D. In Scotland, all references to costs or costs orders (except in the expression “wasted costs”) shall be read as references to expenses or orders for expenses.

(3)

A costs order may be made against or in favour of a respondent who has not had an answer accepted in the proceedings in relation to the conduct of any part which he has taken in the proceedings.

(4)

A party or special advocate may apply to the Appeal Tribunal for a costs order to be made at any time during the proceedings. An application may also be made at the end of a hearing, or in writing to the Registrar within 14 days of the date on which the order of the Appeal Tribunal finally disposing of the proceedings was sent to the parties.

(5)

No costs order shall be made unless the Registrar has sent notice to the party or special advocate against whom the order may be made giving him the opportunity to give reasons why the order should not be made. This paragraph shall not be taken to require the Registrar to send notice to the party or special advocate if the party or special advocate has been given an opportunity to give reasons orally to the Appeal Tribunal as to why the order should not be made.

(6)

Where the Appeal Tribunal makes a costs order it shall provide written reasons for doing so if a request for written reasons is made within 21 days of the date of the costs order. The Registrar shall send a copy of the written reasons to all the parties to the proceedings.”