The Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001

Procedure at hearing E+W

18.—(1) At the beginning of the hearing the chairperson shall explain the order of proceeding which the tribunal proposes to adopt.

(2) Subject to this paragraph, the tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the adjudication; it shall so far as appears to it appropriate seek to avoid formality in its proceedings.

(3) The hearing may be conducted in either English or Welsh as the tribunal directs and in making such a direction the tribunal shall take account of and, so far as is reasonably practicable, give effect to any preference stated by an accused person in a reply delivered under paragraph 3. In either case an instantaneous translation service shall be provided for any person attending the hearing who requests it.

(4) Any accused person shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal both on the evidence and generally on the subject matter of the adjudication.

(5) Evidence before the tribunal may be given orally or, if the tribunal so orders, by affidavit or written statement, but the tribunal may at any stage of the proceedings require the personal attendance of any deponent or maker of a written statement.

(6) The tribunal may receive evidence of any fact which appears to the tribunal to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law but shall not refuse to admit any evidence which is admissible at law and is relevant.

(7) A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Commencement Information

I1 Sch. para. 18 in force at 28.7.2001, see reg. 1(1)