PART 7WELSH LANGUAGE TRIBUNAL

Practice and procedure etc

I1123Welsh Language Tribunal Rules

1

The President must make rules governing the practice and procedure to be followed in the Tribunal.

2

The rules are to be known as “Welsh Language Tribunal Rules” (but are referred to in this Measure as “Tribunal Rules”).

3

Tribunal Rules must include the following—

a

provision about the selection under section 121(2) of the three members of the Tribunal to deal with proceedings;

b

provision about the selection under section 121(5) of the legal member to chair proceedings;

c

provision about conflicts of interest that arise—

i

in relation to the participation of members of the Tribunal in the determination of proceedings, or

ii

in relation to the exercise of the President's functions under section 121.

4

Tribunal Rules may, amongst other things, include provision about the following matters—

a

the exercise by the President, or by the member chairing any proceedings, of any functions which relate to matters that are preliminary or incidental to the proceedings;

b

the conduct of proceedings in the absence of any member other than the member chairing them;

c

the disclosure or inspection of documents, and such right to further particulars as might be granted by a county court;

d

the determination of proceedings without a hearing in circumstances prescribed in Tribunal Rules;

e

frivolous and vexatious proceedings;

f

the award of costs (including, but not limited to, punitive costs) or expenses;

g

assessing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be assessed in the county court);

h

the publication of reports of the Tribunal's decisions;

i

the Tribunal's powers to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with Tribunal Rules;

j

the date upon which a notice is deemed to have been given by the Tribunal.

5

The power to make Tribunal Rules includes power—

a

to make different provision for different purposes, and

b

to confer functions on the President or the Welsh Ministers (as well as on any other person), including functions involving the exercise of a discretion.

6

The President must submit Tribunal Rules to the Welsh Ministers.

7

The Welsh Ministers may allow or disallow Tribunal Rules submitted to them.

8

Rules allowed by the Welsh Ministers—

a

come into force on such day that the Welsh Ministers direct, and

b

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by the Welsh Ministers.

9

A statutory instrument containing rules made by the President is subject to annulment in pursuance of a resolution of the National Assembly for Wales.