The Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999

General provisions relating to the procedure of tribunals

4.—(1) Subject to the provisions of the Act and of these Regulations—

(a) the procedure in connection with the consideration and determination of any appeal under section 7 of the Act shall be such as the chairman of the tribunal shall determine;

(b) the chairman of a tribunal may give directions requiring any party to the proceedings to comply with any provision of these Regulations and may further at any stage of the proceedings either of his own motion or on a written application made to the clerk to the tribunal by any such party give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to provide such further particulars or to produce such documents as may reasonably be required;

(c) where under these Regulations the clerk to the tribunal is authorised to take steps in relation to the procedure of the tribunal, he may give directions requiring any party to the proceedings to comply with any provision of these Regulations;

(d) any person who by virtue of the provisions of these Regulations has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at any such 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.

(2) For the purpose of arriving at its decision a tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the tribunal, to withdraw from the sitting of the tribunal, except that—

(a) a member of the Council on Tribunals or of the Scottish Committee of the Council and the President and any full-time chairman; and

(b) with the leave of the chairman of the tribunal,

(i) any person undergoing training as a chairman or other member of a medical appeal tribunal or as a clerk to such a tribunal, and

(ii) any other person to whose presence every party to the proceedings actually present consents,

may remain present at any such sitting.

(3) Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council from being present at a hearing before a tribunal, in his capacity as such, notwithstanding that the hearing is not in public.

(4) Where a reference is made to a tribunal by the Secretary of State, the clerk to the tribunal shall give notice of it to the other parties to the proceedings.