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Article 22 Public hearings and directions for private hearings

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

(1)

In this rule, “hearing” means any hearing under these Rules but does not include—

(a)

any determination under rule 21(1); or

(b)

the hearing of any application made to the Tribunal without notice to the other party.

(2)

Subject to the following paragraphs of this rule, all hearings must be in public.

(3)

The Tribunal may direct that all or part of a hearing must be in private—

(a)

upon the application of all the parties; or

(b)

upon the application of any party, if the Tribunal is satisfied that a hearing in private is necessary, having regard to—

(i)

the interests of public order, national security or the protection of the private lives of the parties; or

(ii)

any unfairness to the appellant that might result from a hearing in public,

if the Tribunal is satisfied that a hearing in private would not prejudice the interests of justice.

(4)

Before determining an application under paragraph (3)(b), the Tribunal must give the other party an opportunity to make representations.

(5)

Before giving a direction under paragraph (3) that all of a hearing should be in private, the Tribunal must consider whether only part of the hearing should be in private.

(6)

The Tribunal may direct that any proceedings are to be held in private and may direct that any particular individual be excluded from those proceedings.

(7)

The Tribunal may permit any individual to attend a hearing that is held in private.

(8)

The Tribunal may exclude from the whole or part of a hearing any person whose conduct, in the opinion of the Tribunal, has disrupted or is likely to disrupt the hearing.

(9)

Subject to any direction under paragraph (10), the Tribunal must provide for the public inspection at the Tribunal’s offices of a daily list of all hearings that are to be held, together with information about the time and place fixed for the hearings.

(10)

Where all or part of a hearing is held or is to be held in private, the Tribunal may direct that information about the whole or part of the proceedings before the Tribunal (including information that might help to identify any person) must not be made public.

(11)

A direction under paragraph (10) may provide for the information (if any) that is not to be entered in the register or that is to be removed from it.