The Health Service Medicines (Price Control Appeals) Regulations 2000

Arrangements for the hearing

21.—(1) The regulations in this Part apply where the appeal is to be decided following an oral hearing.

(2) When the tribunal has received the notice of appeal, the additional material and the reply, the tribunal must without delay fix a date for the hearing, bearing in mind–

(a) the seriousness and complexity of the case;

(b) the convenience of the parties;

(c) whether there is to be a pre-hearing review under regulation 25;

(d) whether representations are to be (or have been) invited under regulation 17.

(3) The tribunal must serve on the parties a notice informing each of them–

(a) of the time and place of the hearing of the appeal;

(b) where there is to be a pre-hearing review, of the time and place of the review and the powers of the chairman in relation to the review.

(4) The date fixed for the hearing must be no less than 21 days and no more than 6 weeks after the date of the notice under paragraph (3).

(5) The notice must include guidance in a form approved by the chairman, regarding the procedure which will apply to the hearing, including in particular information about–

(a) attending the hearing and bringing documents and evidence,

(b) calling witnesses and the power of the tribunal to summon or cite witnesses,

(c) the right to be represented or assisted at the hearing,

(d) the right to receive reasons in writing for the determination made by the tribunal,

(e) the limitation imposed by regulation 33 on any award of costs which the tribunal is able to make, and

(f) the right to appeal on a question of law arising from the decision of the tribunal.