PART 3PROCEDURE

Hearings21

1

This regulation applies to any hearing of an application or appeal to which these Regulations apply.

2

Subject to paragraph (3), the office shall give reasonable notice of the time and place of any hearing before a Commissioner.

3

Unless all the parties concerned agree to a hearing at shorter notice, the period of notice specified under paragraph (2) shall be at least 14 days before the date of the hearing.

4

If any party to whom notice of a hearing has been sent fails to appear at the hearing, the Commissioner may proceed with the case in that party’s absence, or may give directions with a view to the determination of the case.

5

Any hearing before a Commissioner shall be in public, unless the Commissioner for special reasons directs otherwise.

6

Where a Commissioner holds a hearing the following persons shall be entitled to be present and be heard—

a

the person making the application or appeal;

b

any respondent;

c

with the leave of the Commissioner, any other person.

7

Subject to the direction of a Commissioner—

a

any person entitled to be present and be heard at a hearing; and

b

any representatives of such a person,

may be present by means of a live television link.

8

Any provision in these regulations which refers to a party or representative being present is satisfied if the party or representative is present by means of a live television link.

9

Any person entitled to be heard at a hearing may address the Commissioner and—

a

in the case of a penalty appeal, the party on whom the penalty has been imposed may give evidence, call witnesses and put questions directly to any other person called as a witness;

b

in all other cases, a person entitled to be heard may with the leave of the Commissioner, give evidence, call witnesses and put questions directly to any other person called as a witness.

10

Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee of the Council in his capacity as such from being present at a hearing before a Commissioner which is not held in public.