OpenLegislation

Article 10 Directions

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

(1)

The Tribunal may at any time give directions to—

(a)

enable the parties to prepare for the hearing of the appeal;

(b)

assist the Tribunal to determine the issues; and

(c)

ensure the just, expeditious and economical determination of the appeal generally.

(2)

The Tribunal may give directions on the application of any party or of all the parties or on its own motion.

(3)

Where the Tribunal gives a direction of its own initiative, it may (but need not) give prior notice to the parties of its intention to do so.

(4)

Any application by a party for directions must include the reasons for making that application.

(5)

An application for directions must be filed unless it is made during the course of an oral hearing.

(6)

Unless the application in paragraph (5) is accompanied by the written consent of all the parties or an application without notice is permitted by the Tribunal, the Tribunal must send a copy of the application to the other party.

(7)

Where the application for directions has been filed and a copy sent to the other party in accordance with paragraph (6) any objection to the directions applied for, together with the reasons for the objection, must be sent to the Tribunal within 14 days of the date on which the copy application was sent.

(8)

The Tribunal must send a copy of the objection and reasons in paragraph (7) to the party who applied for the directions and before notifying the parties of the decision that it is minded to make, the Tribunal must invite the parties to object to that decision.

(9)

Directions may be given orally or in writing and, unless the Tribunal decides otherwise in any particular case, notice of any direction (or refusal to give a direction) must be given to the parties.

(10)

Directions containing a requirement may specify a time limit for complying with the requirement and must include a statement of the possible consequences of a party’s failure to comply with the requirement.

(11)

A person to whom a direction is given under these Rules may apply to the Tribunal showing good cause why it should be varied or set aside.

(12)

The Tribunal must not grant an application under paragraph (11) without first giving the person who applied for the direction an opportunity to make representations.