The Rent Assessment Committee (Assured Tenancies) (Scotland) Regulations 1989

Hearings

5.—(1) Where a reference is to be subject to a hearing, the committee shall appoint a date, time and place for a hearing.

(2) A committee shall give not less than 10 days' notice in writing to the landlord and the tenant of the date, time and place so appointed for a hearing.

(3) A hearing shall be in public unless for special reasons the committee otherwise decide, but nothing in these Regulations shall prevent a member of the Council on Tribunals or of its Scottish Committee in that capacity from attending any hearing.

(4) At a hearing—

(a) a party may be heard either in person or by a person authorised by him in that behalf, whether or not that person is an advocate or a solicitor;

(b) the parties shall be heard in such order and, subject to the provision of these Regulations, the procedure shall be such as the committee shall determine; and

(c) a party may call witnesses, give evidence on his own behalf and cross-examine any witnesses called by the other party.

(5) The committee at their discretion may on their own motion, or at the request of the parties or one of them, at any time and from time to time postpone or adjourn a hearing; but they shall not do so at the request of one party only unless, having regard to the grounds upon which and the time at which such request is made and to the convenience of the parties, they deem it reasonable to do so. The committee shall give to the parties such notice of any postponed or adjourned hearing as they deem to be reasonable in the circumstances.

(6) If a party does not appear at a hearing, the committee, on being satisfied that the requirements of this regulation regarding the giving of notice of a hearing have been duly complied with, may proceed to deal with the reference upon the representations of any party present and upon the documents and information which they may properly consider.