Article 48 Public and private hearings

England and Wales

(1)

Subject to the following paragraphs, all hearings must be held in public.

(2)

Subject to paragraph (6), each party is entitled to attend a hearing.

(3)

Except in a compulsory purchase compensation reference, the Tribunal may give a direction that a hearing, or part of it, is to be held in private.

F1(3A)

In particular, the Tribunal may direct that a hearing, or part of it, is to be held in private if—

(a)

the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

(b)

it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

(c)

a media representative is not able to access the proceedings remotely while they are taking place; and

(d)

such a direction is necessary to secure the proper administration of justice.

(4)

If the Tribunal is acting as an arbitrator in a reference by consent under section 1(5) of the 1949 Act, any hearing must be held in private unless the parties agree otherwise.

(5)

Where a hearing, or part of it, is to be held in private, the Tribunal may determine who is entitled to attend the hearing or part of it.

(6)

The Tribunal may give a direction excluding from any hearing, or part of it, any person whose conduct the Tribunal considers is disrupting or is likely to disrupt the hearing.

(7)

The Tribunal may give a direction excluding a witness from a hearing until that witness gives evidence.

(8)

In this rule, “compulsory purchase compensation reference” means a reference of a question to the Tribunal—

(a)

under section 1 of the 1961 Act;

(b)

under section 11(4) of the Compulsory Purchase (Vesting Declarations) Act 1981 M1; or

(c)

to which the provisions of section 4 of the 1961 Act apply, with the exception of references—

(i)

under section 16(7) of the City of London (Various Powers) Act 1967 M2;

(ii)

under section 307(1) of the Highways Act 1980 M3; and

(iii)

under regulation 96(2) of the Conservation (Natural Habitats, &c.) Regulations 1994 M4.

Annotations

Textual amendments

F1: Rule 48(3A) inserted (temp.) (10.4.2020) by virtue of The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 (S.I. 2020/416), rules 1(2), 8(2) (with rule 1(2))

Marginal citations

M1: 1981 c. 66
M2: 1967 c. 42
M3: 1980 c. 66
M4: S.I. 1994/2716