The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

Public and private hearings E+W

48.—(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 .

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