Paragraph 3

(1)

Notwithstanding regulation 39 and Chapter III of Part V of the Regulations, this paragraph applies where a direction (“the direction") was given under regulation 4(1) of the 1997 Regulations.

(2)

An appeal tribunal shall hold an oral hearing of an appeal if–

(a)

sub-paragraph (3) below applies; or

(b)

the chairman or, in the case of an appeal tribunal which has only one member, that member, is satisfied that such a hearing is necessary to enable the tribunal to reach a decision.

(3)

This sub-paragraph applies where a notification that a party to the proceedings wishes an oral hearing to be held is received by a clerk to a medical appeal tribunal before 29th November 1999 or by a clerk to an appeal tribunal (notwithstanding that it was sent to a clerk to a medical appeal tribunal) after that date within–

(a)

10 days of receipt by that party of the direction; or

(b)

such other period as–

(i)

the clerk to, or the chairman of, the medical appeal tribunal may have directed; or

(ii)

where head (i) above does not apply, a clerk to an appeal tribunal may direct.

(4)

An appeal tribunal shall determine an appeal without an oral hearing where sub-paragraph (2) does not apply.