The Gambling Appeals Tribunal Rules 2006

PART 3 Hearings

Determination without oral hearing

21.—(1) The Tribunal may determine an appeal, or any particular issue, without an oral hearing if—

(a) the parties agree in writing;

(b) the issue concerns an application for directions, or

(c) rule 19(3) applies.

(2) Where an appeal or an issue is determined in accordance with this rule, the Tribunal must consider whether there are circumstances making it undesirable to publish the whole or part of its decision.

(3) Before reaching a decision under paragraph (2), the Tribunal must invite the parties to make representations on the matter.

(4) If the Tribunal decides that a restriction on publication is desirable the Tribunal may take any steps, including any one or more of the steps specified in paragraph (6).

(5) Any step taken under paragraph (4) must be taken with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.

(6) The steps a Tribunal can take under paragraph (4) are—

(a) anonymising the decision;

(b) editing the text of the decision; and

(c) declining to publish the whole or part of the decision.

Public hearings and directions for private hearings

22.—(1) In this rule, “hearing” means any hearing under these Rules but does not include—

(a) any determination under rule 21(1); or

(b) the hearing of any application made to the Tribunal without notice to the other party.

(2) Subject to the following paragraphs of this rule, all hearings must be in public.

(3) The Tribunal may direct that all or part of a hearing must be in private—

(a) upon the application of all the parties; or

(b) upon the application of any party, if the Tribunal is satisfied that a hearing in private is necessary, having regard to—

(i) the interests of public order, national security or the protection of the private lives of the parties; or

(ii) any unfairness to the appellant that might result from a hearing in public,

if the Tribunal is satisfied that a hearing in private would not prejudice the interests of justice.

(4) Before determining an application under paragraph (3)(b), the Tribunal must give the other party an opportunity to make representations.

(5) Before giving a direction under paragraph (3) that all of a hearing should be in private, the Tribunal must consider whether only part of the hearing should be in private.

(6) The Tribunal may direct that any proceedings are to be held in private and may direct that any particular individual be excluded from those proceedings.

(7) The Tribunal may permit any individual to attend a hearing that is held in private.

(8) The Tribunal may exclude from the whole or part of a hearing any person whose conduct, in the opinion of the Tribunal, has disrupted or is likely to disrupt the hearing.

(9) Subject to any direction under paragraph (10), the Tribunal must provide for the public inspection at the Tribunal’s offices of a daily list of all hearings that are to be held, together with information about the time and place fixed for the hearings.

(10) Where all or part of a hearing is held or is to be held in private, the Tribunal may direct that information about the whole or part of the proceedings before the Tribunal (including information that might help to identify any person) must not be made public.

(11) A direction under paragraph (10) may provide for the information (if any) that is not to be entered in the register or that is to be removed from it.

Representation at hearings

23.—(1) Subject to paragraph (2), the parties may appear at the hearing (with assistance from any person if desired), and may be represented by any person, whether or not that person is legally qualified.

(2) Where the Tribunal is satisfied that there are sufficient reasons for doing so, it may refuse to permit a person to assist or represent a party at the hearing.

(3) In this rule, “hearing” means any hearing under these Rules.

Adjournment of hearing

24.—(1) Where a party applies for an adjournment of an appeal hearing, he must—

(a) if practicable, notify all other parties of the application;

(b) show good reason why an adjournment is necessary; and

(c) produce evidence of any fact or matter relied upon in support of the application.

(2) The Tribunal must not adjourn a hearing of an appeal on the application of a party, unless satisfied that the appeal cannot otherwise be justly determined.

(3) The Tribunal must not, in particular, adjourn a hearing on the application of a party in order to allow the party more time to produce evidence, unless satisfied that—

(a) the evidence relates to a matter in dispute;

(b) it would be unjust to determine the appeal without permitting the party a further opportunity to produce the evidence; and

(c) where the party has failed to comply with directions for the production of the evidence, he has produced a satisfactory explanation for that failure.

(4) Where the hearing of an appeal is adjourned, the Tribunal must fix a new hearing date which—

(a) must not be more than 28 days after the original hearing date, unless there are exceptional circumstances that mean the appeal cannot justly be heard within that time; and

(b) must not be later than is strictly required by the circumstances necessitating the adjournment.

Procedure at hearing

25.—(1) Subject to the 2005 Act and these Rules, the Tribunal must conduct all hearings under these Rules in such manner as it considers most suitable to the clarification of the issues before it and generally to the just, expeditious and economical determination of the proceedings.

(2) Subject to any directions by the Tribunal, the parties may—

(a) give evidence;

(b) call witnesses (and, with the consent of the Tribunal, bring expert evidence);

(c) question any witnesses; and

(d) address the Tribunal on the evidence, and generally on the subject matter of the appeal.

(3) The Tribunal may require the oral evidence of a witness to be given on oath or affirmation and for that purpose may administer the oath or affirmation.

(4) Evidence may be admitted by the Tribunal whether or not it would be admissible in a court of law and whether or not it was available to the Commission when the Commission’s determination was made.

(5) If a party fails to attend either in person or by representation at any hearing of which that party has been duly notified, the Tribunal may, if it is satisfied that there is no sufficient reason for the absence—

(a) hear and determine the application or appeal in the party’s absence; or

(b) adjourn the hearing,

and may give any directions it thinks fit.

Late written evidence

26.—(1) A party may rely on further written evidence which satisfies the conditions set out in paragraph (2) unless the Tribunal, after considering any representations from the other party, is of the opinion that it would be contrary to the interests of justice.

(2) The conditions to be satisfied in paragraph (1) are that—

(a) the evidence was not, and could not reasonably have been, available to that party before the expiry of the period for filing a statement of case (in the case of the Commission) or a reply (in the case of the appellant);

(b) a copy of the evidence was filed by the party and sent by the Tribunal to the other party, to arrive at least 7 working days before the hearing; and

(c) the extent and form of the evidence is such that, in the opinion of the Tribunal, it is not likely to impede the efficient conduct of the hearing.

(3) If the conditions in paragraph (2) are not satisfied, the Tribunal may nevertheless give a party permission to rely on further written evidence at the hearing if it is of the opinion that it is in the interests of justice to do so.

(4) Before the hearing the Tribunal may refer to copies of evidence sent to the Tribunal under paragraph (2)(b) for the purpose of considering whether or not it satisfies the conditions in paragraph (2)(a), (b) and (c).

(5) If the evidence is not admitted the Tribunal must disregard it in determining the appeal.

Final determination of the Tribunal

27.—(1) Subject to paragraph (2) the Tribunal must make arrangements for public access to its final determination.

(2) Where the whole or any part of any hearing under these Rules was held in private, the Tribunal must consider whether, having regard to—

(a) the reason for the hearing or any part of it being in private; and

(b) the outcome of the hearing,

it would be undesirable to publish the whole or part of its final determination.

(3) If the Tribunal decides that a restriction on publication is desirable the Tribunal may take any steps, including any one or more of the steps specified in paragraph (5).

(4) Any step taken under paragraph (3) must be taken with a view to ensuring the minimum restriction on publication that is consistent with the need for the restriction.

(5) The steps that can be taken by the Tribunal under paragraph (3) are—

(a) anonymising the decision;

(b) editing the text of the decision; and

(c) declining to publish the whole or part of the decision.

(6) Before reaching a decision under paragraph (2), the Tribunal must invite the parties, and may invite any interested parties, to make representations on the matter.

(7) The Tribunal must as soon as may be practicable—

(a) whether there has been an oral hearing or not, send a notification of the final determination, including reasons for the decision, to each of the parties to the appeal; and

(b) subject to any steps taken under paragraph (3), under rule 21(4) or any direction given under rule 22(11), enter the final determination in the register.

(8) The notification of the final determination which is sent to the parties under paragraph (7)(a) must be accompanied by a notification of—

(a) any relevant provision of the 2005 Act relating to appeals from the Tribunal; and

(b) the time within which and the place at which an application for permission to appeal may be made.

Costs

28.—(1) In this rule—

(a) “costs order” means an order (other than a fee reimbursement order) that a party pay the whole or part of the costs, or in Scotland, expenses reasonably incurred by another party;

(b) “fee reimbursement order” means an order under paragraph (4);

(c) “paying party” and “receiving party” mean, respectively, the parties against whom and in whose favour the Tribunal makes or considers making a costs order.

(2) The Tribunal may make a costs order against an appellant if it considers the bringing of the appeal, or the appellant’s conduct in relation to the appeal, to be unreasonable or improper.

(3) The Tribunal may make a costs order against the Commission if it considers—

(a) that the Commission’s decision or action which is the subject of the appeal was unreasonable to the extent that no reasonable person having the Commission’s powers and being subject to the Commission’s duties could have made that decision or taken that action; or

(b) that the Commission’s conduct in relation to the appeal was unreasonable or improper to the extent that no reasonable person having the Commission’s powers and being subject to the Commission’s duties would have conducted themselves in that way; or

(c) that both paragraphs (a) and (b) apply.

(4) If the Tribunal allows the appellant’s appeal but does not make a costs order against the Commission it must, unless it considers that there is a good reason not to do so, order the Commission to pay the appellant an amount equal to any fees paid by the appellant.

(5) The Tribunal must not make a costs order or a fee reimbursement order without first giving the party against whom the order is made an opportunity to make representations against the making of the order.

(6) Where the Tribunal makes a costs order it may make an order—

(a) that an amount fixed by the Tribunal must be paid to the receiving party; or

(b) that the costs shall be assessed or expenses shall be taxed—

(i) in England and Wales, by a costs officer; and

(ii) in Scotland, by the Auditor of the Court of Session;

on such basis as the Tribunal specifies.

Review of Tribunal’s decision

29.—(1) If, on the application of a party or of its own initiative, the Tribunal is satisfied that—

(a) its final determination was wrongly made as a result of an error; or

(b) new evidence has become available since the conclusion of the hearing to which that final determination relates, the existence of which could not have been reasonably known or foreseen,

the Tribunal may review and set aside that final determination.

(2) An application for the purposes of paragraph (1) stating the grounds on which an application is based must be made—

(a) orally at the hearing immediately following the announcement of the decision by the Tribunal; or

(b) by way of written application filed not later than 14 days after the notification under paragraph 27(7)(a) of the final determination is sent to the parties.

(3) Where the Tribunal proposes to review its final determination on its own initiative, it must notify the parties of that proposal not later than 14 days after the date on which the final determination was sent to the parties.

(4) The parties must be given an opportunity to make representations on any application or proposal for review under this rule and the review may be determined either by the same members of the Tribunal who decided the case or by a differently constituted Tribunal appointed by the President.

(5) The decision of the Tribunal whether or not to set aside the final determination must be recorded in a certificate signed on behalf of the Tribunal.

(6) If the Tribunal sets the final determination aside—

(a) the Tribunal must—

(i) substitute such final determination as it thinks fit; or

(ii) order a re-hearing before either the same or a differently constituted Tribunal; and

(b) the certificate of the Tribunal recording the final determination in accordance with paragraph (5) must be sent to the appropriate member of the Tribunal staff who must immediately—

(i) make such correction as may be necessary in the register; and

(ii) send a copy of the entry so corrected to each party.

(7) If the Tribunal does not set the final determination aside it must notify each of the parties in writing to this effect.