OpenLegislation

Article 27 Final determination of the Tribunal

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

(1)

Subject to paragraph (2) the Tribunal must make arrangements for public access to its final determination.

(2)

Where the whole or any part of any hearing under these Rules was held in private, the Tribunal must consider whether, having regard to—

(a)

the reason for the hearing or any part of it being in private; and

(b)

the outcome of the hearing,

it would be undesirable to publish the whole or part of its final determination.

(3)

If the Tribunal decides that a restriction on publication is desirable the Tribunal may take any steps, including any one or more of the steps specified in paragraph (5).

(4)

Any step taken under paragraph (3) must be taken with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.

(5)

The steps that can be taken by the Tribunal under paragraph (3) are—

(a)

anonymising the decision;

(b)

editing the text of the decision; and

(c)

declining to publish the whole or part of the decision.

(6)

Before reaching a decision under paragraph (2), the Tribunal must invite the parties, and may invite any interested parties, to make representations on the matter.

(7)

The Tribunal must as soon as may be practicable—

(a)

whether there has been an oral hearing or not, send a notification of the final determination, including reasons for the decision, to each of the parties to the appeal; and

(b)

subject to any steps taken under paragraph (3), under rule 21(4) or any direction given under rule 22(11), enter the final determination in the register.

(8)

The notification of the final determination which is sent to the parties under paragraph (7)(a) must be accompanied by a notification of—

(a)

any relevant provision of the 2005 Act relating to appeals from the Tribunal; and

(b)

the time within which and the place at which an application for permission to appeal may be made.