Oral hearingsU.K.
17.—(1) This Regulation applies to any oral hearing of an application, appeal or reference to which these Regulations apply.
(2) Reasonable notice (being not less than 10 days beginning with the day on which notice is given and ending on the day before the hearing of the case is to take place) of the time and place of any oral hearing before a Commissioner shall be given to the parties by the office of the Social Security Commissioners.
(3) If any party to whom notice of an oral hearing has been given in accordance with these Regulations should fail to appear at the hearing, the Commissioner may, having regard to all the circumstances including any explanation offered for the absence, proceed with the case notwithstanding that party's absence, or may give such directions with a view to the determination of the case as he thinks fit.
(4) Any oral hearing before a Commissioner shall be in public except where the Commissioner is satisfied that intimate personal or financial circumstances may have to be disclosed or that considerations of public security are involved, in which case the hearing or any part thereof shall be in private.
(5) Where a Commissioner holds an oral hearing the following persons or organisations shall be entitled to be present and be heard:—
(a)the person or organisation making the application, appeal or reference;
(b)the claimant;
(c)the Secretary of State;
(d)an adjudication officer;
(e)a trade union, employers association or other association which would have had a right of appeal under sections 101(2) and 101(4) of the Act (including those sections as substituted by section 52(7)(d) of the Social Security Act 1986 M1);
(f)in cases concerning statutory sick pay and statutory maternity pay, the alleged employer and the alleged employee concerned;
(g)a person from whom it is determined that any amount is recoverable under or by virtue of section 27 or 53 of the Social Security Act 1986;
(h)any other person with the leave of a Commissioner.
(6) Any person entitled to be heard at an oral hearing may:
(i)address the Commissioner;
(ii)with the leave of the Commissioner but not otherwise, give evidence, call witnesses and put questions directly to any other person called as a witness.
(7) 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 an oral hearing before a Commissioner, notwithstanding that the hearing is not in public.
Marginal Citations