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.