Article 18 Composition of tribunal
Any case may be dealt with, in whole, by 3 members of the Board who are appointed by the chairman of the Board to form a tribunal for the purpose of dealing with that case.
The members of a tribunal appointed under paragraph (1) shall include a person who holds or who has held judicial office and the chairman of the Board shall appoint that person to be chairman of the tribunal.
In the event of the death or incapacity or unavailability (for whatever reason) of any member of a tribunal (“the absent member”)–
before the hearing has commenced, the chairman of the Board shall, subject to paragraph (2), appoint another member of the Board in the place of the absent member; or
after the hearing has commenced, the case may continue to be dealt with by the 2 remaining members of the tribunal, if the absent member is a member other than the chairman of the tribunal and with the consent of the parties, but, if this does not occur, the chairman of the Board shall, subject to paragraph (2), appoint another member of the Board in place of the absent member and the hearing shall be recommenced.