# The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010, Article 48: Public and private hearings

Extent: E+W

(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.
(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 ; 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 ;
(ii) under section 307(1) of the Highways Act 1980 ; and
(iii) under regulation 96(2) of the Conservation (Natural Habitats, &c.) Regulations 1994 .

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Source: https://www.legislation.gov.uk/uksi/2010/2600/article/48 (the official version)
Page: https://openlegislation.uk/tribunal-procedure-upper-tribunal-lands-chamber-rules-2010/article-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

