Amendments to the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 20108.

(1)

The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 20109 are amended as follows.

(2)

In rule 48 (public and private hearings), after paragraph (3), insert—

“(3A)

In particular, 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.”.

(3)

After rule 48 (public and private hearings), insert—

“Coronavirus temporary rule (recording of remote hearings)48A.

(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 48(3A); 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.”.