OpenLegislation

Article 44 Hearing of appeal in absence of a party

Original text. Later amendments are not shown.

(1)

An adjudicator or the Tribunal must hear an appeal in the absence of a party or his representative, if satisfied that the party or his representative—

(a)

has been given notice of the date, time and place of the hearing; and

(b)

has given no satisfactory explanation for his absence.

(2)

Where paragraph (1) does not apply, an adjudicator or the Tribunal may hear an appeal in the absence of a party if satisfied that—

(a)

a representative of the party is present at the hearing;

(b)

the party is outside the United Kingdom;

(c)

the party is suffering from a communicable disease or there is a risk of him behaving in a violent or disorderly manner;

(d)

the party is unable to attend the hearing because of illness, accident or some other good reason;

(e)

the party is unrepresented and it is impracticable to give him notice of the hearing; or

(f)

the party has notified the appellate authority that he does not wish to attend the hearing.