Coronavirus temporary rule (decisions without a hearing)5A

1

Notwithstanding anything in rule 32 (decision with or without a hearing), the Tribunal may make a decision which disposes of proceedings without a hearing if the Tribunal considers that the conditions in paragraph (2) are satisfied.

2

The conditions are—

a

the matter is urgent;

b

it is not reasonably practicable for there to be a hearing (including a hearing where the proceedings would be conducted wholly or partly as video proceedings or audio proceedings); and

c

it is in the interests of justice to do so.

3

This rule does not prejudice any power of the Tribunal to make a decision which disposes of proceedings without a hearing otherwise than under this rule.

2A

Without prejudice to paragraph (2), the Tribunal may direct that a hearing, or part of it, is to be held in private if—

a

the Tribunal directs that the proceedings are to be conducted wholly or partly as video proceedings or audio proceedings;

b

it is not reasonably practicable for such a hearing, or such part, to be accessed in a court or tribunal venue by persons who are not parties entitled to participate in the hearing;

c

a media representative is not able to access the proceedings remotely while they are taking place; and

d

such a direction is necessary to secure the proper administration of justice.

Coronavirus temporary rule (recording of remote hearings)35A

1

In the circumstances set out in paragraph (3), the Tribunal must direct that the hearing be recorded, if practicable.

2

Where the Tribunal has made a direction under paragraph (1), it may direct the manner in which the hearing must be recorded.

3

The circumstances referred to in paragraph (1) are that the hearing, or part of it, is—

a

held in private under rule 35(2A); or

b

only treated as held in public by virtue of a media representative being able to access the proceedings remotely while they are taking place.