Article 9

For Rule 20 there shall be substituted the following new rule—

“Appeal in absence of parties

20

(1)

Subject to any arrangements made by the Chairman under rule 21, to the provisions of rule 23 and to the following provisions of this rule, an appeal may be heard in the absence of the parties or their representatives.

(2)

If a party fails to attend or be represented at a hearing of which he has been duly notified, the tribunal may—

(a)

unless it is satisfied that there is sufficient reason for such absence, hear and determine the appeal in the party’s absence; or

(b)

adjourn the hearing.

(3)

The Tribunal may, if it thinks that the presence of the appellant is necessary for the due determination of the appeal, give directions that the appeal shall not be heard in his absence.

(4)

Subject to paragraph (3), the appeal may be heard in the absence of the appellant where he or his representative has requested it.

(5)

Where an appeal has been determined under paragraph (2)(a) and the appellant applies to the Chairman, without undue delay, for the decision to be set aside, the Chairman may, if after affording each party a reasonable opportunity to make representations he considers that the interests of justice so require, grant the application and arrange for the appeal to be re-heard before a differently constituted Tribunal; and he may make such further order as to expenses as he thinks fit.”.