4(1)Subject to paragraph 5 below, the Lord Chancellor may make rules as to the procedure to be followed, and the rules of evidence to be observed, in proceedings before tribunals, and in particular—U.K.
(a)for securing that notice that the proceedings are to be brought shall be given to the respondent at such time and in such manner as may be specified by the rules;
(b)for determining who, in addition to the respondent, shall be a party to the proceedings;
(c)for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the tribunal;
(d)for enabling any party to the proceedings to be represented by counsel or solicitor.
(2)Sub-paragraph (1) above shall have effect in relation to a tribunal in Scotland as if for the reference to the Lord Chancellor there were substituted a reference to the Secretary of State.
(3)The power to make rules under this paragraph shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F1(4)Where the Scottish Ministers have power to make rules under this paragraph (by virtue of section 16(1A) or otherwise)—
(a)sub-paragraph (3) does not apply, and
(b)the rules are subject to the negative procedure.]
Textual Amendments
F1Sch. 3 para. 4(4) added (31.10.2012) by Scotland Act 2012 (c. 11), ss. 19(7), 44(5); S.I. 2012/2516, art. 2(d)
Modifications etc. (not altering text)
C1Sch. 3 para. 4: Functions transferred (S.) (1.7.1999) by virtue of S.I. 1999/1750, art. 2, Sch. 1 (with art. 7)