The Vaccine Damage Payments Regulations 1979

Procedure of vaccine damage tribunals

8.—(1) If the Secretary of State or the claimant, as the case may be, makes a request to a tribunal for a hearing in connection with any question referred to the tribunal under section 4 of the Act such request shall be granted and a tribunal may of its own motion if satisfied that a hearing is desirable, hold a hearing.

(2) Where, in accordance with the provisions of the preceding paragraph, a tribunal holds a hearing, reasonable notice of the time and place of the hearing shall be given to the Secretary of State and the claimant and except with the consent of the claimant, the tribunal shall not proceed with the hearing unless such notice has been given.

(3) Every hearing held by a tribunal shall be in public except in so far as the chairman may for special reasons otherwise direct and, subject to the provisions of this regulation, the procedure shall be such as the tribunal shall determine.

(4) Nothing in the preceding paragraph shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council from being present at a hearing in his capacity as such notwithstanding that the hearing is not in public.

(5) The Secretary of State and the claimant shall have the right to be heard at a hearing of a tribunal.

(6) If a claimant, to whom notice of hearing has been duly given should fail to appear at the hearing, the tribunal may proceed to determine the case notwithstanding his absence, or may give such directions with a view to the determination of the case as they may think proper having regard to all the circumstances including any explanation offered for the absence.

(7) Any person having the right to be heard who appears at a hearing before a tribunal may call witnesses and shall be given an opportunity of putting questions directly to any witnesses called at the hearing and of addressing the tribunal.

(8) Any person who by virtue of the provisions of these regulations has a right to be heard at a hearing may be represented at a hearing by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled under the Act and these regulations.

(9) Where a tribunal hold a hearing they shall, for the purpose of arriving at their decision or discussing any question of procedure and notwithstanding anything contained in these regulations, order all persons not being members of the tribunal other than the person acting as a clerk of the tribunal to withdraw from the sitting of the tribunal provided that, if all the members of the tribunal agree and if no person having the right to be heard objects, they may permit a member or members of the Council on Tribunals, or of the Scottish Committee of the Council, present only in that capacity, to remain present at any such sitting even though by virtue of this paragraph other persons are ordered to withdraw.