Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996

In the case of an originating application in respect of a prohibition order pursuant to Article 5A of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 198139 or the variation or revocation of a prohibition order pursuant to Article 5C of that Order, references to “relief” in these Rules shall include such a prohibition order.

Where proceedings are referred to a tribunal by a court, these rules shall be applied to them, except where the rules are inappropriate, as if the proceedings had been instituted by the presentation of an originating application.

The Secretary shall, subject to rule 13(6), enter particulars of an originating application in the Register either within 28 days of receiving it or, if that is not practicable, as soon as reasonably practicable thereafter.

The Secretary shall notify the parties that in every case where a statutory provision provides for conciliation, the conciliation services of the Agency are available to them.

A notice of appearance which is presented to the Secretary after the time appointed by paragraph (1) for entering an appearance shall be deemed to include an application under rule 15(1) (by the respondent who presented the notice) for an extension of the time so appointed.

Without prejudice to rule 15(3), if a chairman grants an application deemed to be included in a notice of appearance by paragraph (3) (which he may do notwithstanding that the grounds of the application are not stated) the Secretary shall send a copy of the notice of appearance to each other party.

A chairman shall not refuse such an application unless he has sent notice to the person wishing to enter an appearance giving that person an opportunity to show cause why an extension should be granted.

The tribunal shall take account of a written answer furnished pursuant to paragraph (3) in the same way as it takes account of representations in writing submitted by a party pursuant to rule 8(4).

Every document containing a requirement imposed under paragraph (1)(b) or (2) shall contain a reference to the fact that, under Article 59(11) of the No. 1 Order40, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and the document shall state the amount of the current maximum fine.

If a requirement imposed under paragraph (1) or (3) is not complied with, a tribunal, before or at the hearing, may strike out the whole or part of the originating application, or, as the case may be, of the notice of appearance, and, where appropriate, direct that a respondent shall be debarred from defending altogether; but a tribunal shall not so strike out or direct unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so.

The President or Vice-President shall fix the date, time and place of the hearing of the originating application and the Secretary shall send to each party a notice of hearing together with information and guidance as to attendance at the hearing, witnesses and the bringing of documents, representation by another person and the making of written representations.

A tribunal may at any time before the hearing of an originating application, on the application of a party made by notice to the Secretary or of its own motion, hear and determine any issue relating to the entitlement of any party to bring or contest the proceedings to which the originating application relates.

A tribunal shall not determine such an issue unless the Secretary has sent notice to each of the parties giving them an opportunity to submit representations in writing and to advance oral argument before the tribunal.

If a party applies for a pre-hearing review and the tribunal determines that there shall be no review, the Secretary shall send notice of the determination to that party.

A pre-hearing review shall not take place unless the Secretary has sent notice to the parties giving them (and where appropriate, in proceedings which may involve payment out of the Northern Ireland National Insurance Fund42, the Department, if not a party) an opportunity to submit representations in writing and to advance oral argument at the review.

If upon a pre-hearing review the tribunal considers that the contentions put forward by any party in relation to a matter required to be determined by a tribunal have no reasonable prospect of success, the tribunal may make an order against that party requiring the party to pay to the Secretary a deposit of an amount not exceeding £150 as a condition of being permitted to continue to take part in the proceedings relating to that matter.

No order shall be made under this rule unless the tribunal has taken reasonable steps to ascertain the ability of the party against whom it is proposed to make the order to comply with such an order, and has taken account of any information so ascertained in determining the amount of the deposit.

An order made under this rule, and the tribunal’s reasons for considering that the contentions in question have no reasonable prospect of success, shall be recorded in summary form in a document signed by the chairman. A copy of that document shall be sent to each of the parties and shall be accompanied by a note explaining that if the party against whom the order is made persists in participating in proceedings relating to the matter to which the order relates, he may have an award of costs made against him and may lose his deposit.

A member of a tribunal which has conducted a pre-hearing review shall not be a member of the tribunal at the hearing of the originating application.

Paragraph (9) shall not apply where, acting pursuant to a direction issued by the Secretary of State in accordance with Article 58A(7) of the No. 1 Order the President has conducted a pre-hearing review alone.

Any hearing of an originating application shall be heard by a tribunal composed in accordance with Article 58A(1), (2), (3) or (7) of the No. 1 Order43.

Any hearing of or in connection with an originating application shall take place in public except where the Secretary of State has directed a tribunal to sit in private on grounds of national security in accordance with Article 59(4A) of the No. 1 Order44.

If a party wishes to submit written representations for consideration by a tribunal at the hearing of the originating application that party shall send such representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to each other party.

The Department if it so elects shall be entitled to appear as if it were a party and be heard at any hearing of or in connection with an originating application in proceedings which may involve a payment out of the Northern Ireland National Insurance Fund and in that event it shall be treated for the purposes of these Rules as if it were a party.

The tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its proceedings and shall not be bound by any statutory provision or rule of law relating to the admissibility of evidence in proceedings before the courts of law. The tribunal shall make such enquiries of persons appearing before it and witnesses as it considers appropriate and shall otherwise conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to the just handling of the proceedings.

Subject to paragraph (1), at the hearing of the originating application a party shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal.

If a party fails to attend or to be represented at the time and place fixed for the hearing, the tribunal may, if that party is an applicant, dismiss or, in any case, dispose of the application in the absence of that party or may adjourn the hearing to a later date: provided that before dismissing or disposing of any application in the absence of a party the tribunal shall consider his originating application or notice of appearance, any representations in writing presented by him in pursuance of rule 8(4) and any written answer furnished to the tribunal pursuant to rule 4(3).

A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.

The decision of a tribunal, which may be given orally at the end of a hearing or reserved, shall be recorded in a document signed by the chairman.

The clerk shall send the documents referred to in paragraphs (2) and (3) to the Secretary who shall enter them in the Register and shall send a copy of the entry to each of the parties and where the proceedings were referred to the tribunal by a court, to that court.

In any case appearing to involve allegations of a sexual offence, the document referred to in paragraph (3) shall be entered on the Register with such omissions or deletions as have been made in accordance with rule 13(6).

Clerical mistakes in the documents referred to in paragraphs (2) and (3), or errors arising in those documents from an accidental slip or omission, may at any time be corrected by the chairman by certificate under his hand.

Where a document omitted from the Register pursuant to paragraph (6) is corrected by certificate under paragraph (8), the Secretary shall send a copy of the corrected document to each of the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (9).

Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.

A tribunal may not review a decision of its own motion unless it is the tribunal which made the decision.

An application for the purposes of paragraph (1) may be made at the hearing. If no application is made at the hearing, an application may be made to the Secretary at any time from the date of the hearing until 14 days after the date on which the decision was sent to the parties and must be in writing stating the grounds in full.

An application for the purposes of paragraph (1) may be refused by the President, Vice-President or by the chairman of the tribunal which decided the case if in his opinion it has no reasonable prospect of success.

On reviewing its decision a tribunal may confirm the decision, or vary or revoke the decision under the chairman’s hand; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.

Paragraph (1) applies to a respondent who has not entered an appearance in relation to the conduct of any part in the proceedings which he has taken.

Where the tribunal has on the application of a party postponed the day or time fixed for or adjourned the hearing, the tribunal may make orders, of the kind mentioned in paragraphs (1)(a) and (1)(b), against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.

Any costs required by an order under this rule to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed by the order.

Subject to the provisions of these Rules, a tribunal may regulate its own procedure.

Before making an order under sub-paragraph (d), (e) or (f) of paragraph (2) the tribunal shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made; but this paragraph shall not be taken to require the tribunal to send such notice to that party if the party has been given an opportunity to show cause orally why the order should not be made.

Where a notice required by paragraph (3) is sent in relation to an order to strike out an originating application for want of prosecution, service of the notice shall be treated as having been effected if it has been sent by ordinary post or delivered in accordance with rule 19(3) and the tribunal may strike out the originating application (notwithstanding that there has been no direction for substituted service in accordance with rule 19(7)) if the party does not avail himself of the opportunity given by the notice.

A tribunal may, before determining an application under rule 4 or rule 17, require the party making the application to give notice of it to every other party. The notice shall give particulars of the application and indicate the address to which and the time within which any objection to the application shall be made, being an address and time specified for the purposes of the application by the tribunal.

In any case appearing to involve allegations of the commission of a sexual offence, the tribunal or the Secretary shall omit from the Register, or delete from the Register or any decision, document or record of the proceedings which is available to the public, any identifying matter.

A chairman may postpone the day or time fixed for, or adjourn, any hearing (particularly where a statutory provision provides for conciliation in relation to the case for the purpose of giving an opportunity for the case to be settled by way of conciliation and withdrawn) and vary any such postponement or adjournment.

Any act required or authorised by rule 3(4) and (5), 13(7) or 15(1) to be done by a chairman may be done by a tribunal or on the direction of the President, Vice-President or a chairman.

In any case which involves allegation of sexual misconduct the tribunal may at any time before promulgation of its decision in respect of an originating application, either on the application of a party made by notice to the Secretary or of its own motion, make a restricted reporting order.

The tribunal shall not make a restricted reporting order unless it has given each party an opportunity to advance oral argument at a hearing.

A tribunal may revoke a restricted reporting order at any time if it thinks fit.

For the purposes of this rule “promulgation” occurs on the date recorded as being the date on which the document recording the determination of the originating application was sent to the parties.

A chairman may on the application of a party or of his own motion extend the time for doing any act appointed by or under these Rules and may do so whether or not the time so appointed has expired.

An application under paragraph (1) shall be made by sending to the Secretary a notice of application, which shall state the title of the proceedings and shall set out the grounds of the application.

The Secretary shall give notice to each of the parties of any extension of time granted under this rule.

A tribunal may at any time, on the application of a party or of its own motion, give directions on any matter arising in connection with the proceedings.

An application under paragraph (1) shall be made by sending to the Secretary a notice of application, which shall state the title of the proceedings and set out the grounds of the application.

A tribunal shall not grant an application under paragraph (1) without giving each party the opportunity to make oral or written representations in relation to the directions.

A tribunal may at any time, on the application of any person made by notice to the Secretary or of its own motion, direct any person against whom any relief is sought to be joined as a party, and give such consequential directions as it considers necessary.

A tribunal may likewise, on such application or of its own motion, order that any respondent named in the originating application or subsequently joined as a party who appears to the tribunal not to have been, or to have ceased to be, directly interested in the subject matter of the originating application, be dismissed from the proceedings.

Where there are a number of persons having the same interest in an originating application, one or more of them may be cited as the person or persons against whom relief is sought, or may be authorised by the tribunal, before or at the hearing, to defend on behalf of all the persons so interested.

The tribunal may, on the application of a party made by notice to the Secretary or of its own motion, vary or set aside an order made under this rule but shall not do so unless it has given each party an opportunity to make either oral or written representations before the order is varied or set aside.

Any notice given under these Rules shall be in writing.

All notices and documents required by these Rules to be sent to the Secretary may be sent to the Office of the Tribunals or such other office as may be notified by the Secretary to the parties.

A party may at any time by notice to the Secretary and to the other party or parties (and, where appropriate, to the Agency) change the address to which notices or documents are to be sent.

In any case he considers appropriate the President or Vice-President may direct that there shall be substituted service in such manner as he may deem fit.

In proceedings brought under any statutory provisions which provide for conciliation the Secretary shall send copies of all documents and notices to the Agency.

In proceedings which may involve a payment out of the Northern Ireland National Insurance Fund the Secretary shall, where appropriate, send copies of all documents and notices to the Department whether or not it is a party.

In proceedings under the Act of 1970, or the Order of 1976, the Secretary shall send to the Commission copies of every document and entry in the Register sent to the parties under rule 10(5), (9) and (10).

In this rule “document exchange” means any document exchange for the time being approved by the Lord Chancellor.

The tribunal shall take account of a written answer furnished pursuant to paragraph (3) in the same way as it takes account of representations in writing presented by a party pursuant to rule 8(4) in Schedule 1.

Every document containing a requirement imposed under paragraph (1)(b), (2) or (2A) shall contain a reference to the fact that, under Article 59(11) of the No. 1 Order, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and the document shall state the amount of the current maximum fine.

If a requirement imposed under paragraph (1) or (3) is not complied with, a tribunal, before or at the hearing, may strike out the whole or part of the originating application, or, as the case may be, of the notice of appearance, and, where appropriate, direct that a respondent shall be debarred from defending altogether: but a tribunal shall not so strike out or direct unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so.

In any case involving an equal value claim where a question arises as to whether any work is of equal value to other work in terms of the demands made on the person employed on the work (for instance under such headings as effort, skill and decision) (in this rule hereinafter referred to as “the question”), a tribunal shall, before considering the question, except in cases to which section 2A(1)(a) of the Act of 1970 applies, require an expert to prepare a report with respect to the question and the requirement shall be made in accordance with paragraphs (2) and (3).

Without prejudice to the generality of rule 13(7) where a tribunal requires an expert to prepare a report, it shall adjourn the hearing.

The expert shall, either within 14 days of receiving the requirement or, where paragraph (6) applies, as soon as practicable thereafter, give notice in writing to the Secretary of the date by which he expects to send his report to the tribunal, and the Secretary shall send a copy of the notice to each party.

If the expert considers that he is unable to determine the date referred to in paragraph (5) within the period of 14 days mentioned in that paragraph, he shall promptly give notice in writing to the Secretary of the reasons for his inability to determine that date and of the date by which he expects to be able to send the notice mentioned in that paragraph. The Secretary shall send a copy of any notice sent under this paragraph to each party.

In paragraphs (8), (9) and (10), “the projected date” means the date most recently specified by the expert, in a notice given under paragraph (5) or (8) or in a progress report sent to the tribunal under paragraph (9), as the date by which he expects to send his report to the tribunal.

Where a tribunal has received the report of an expert, it shall send a copy of the report to each party and fix a date for the hearing of the case to be resumed; and the date so fixed shall be the earliest reasonably practicable date after the expiration of 14 days from the date on which the report is sent to the parties.

Upon the resumption of the hearing of the case in accordance with paragraph (11) the report shall be admitted as evidence in the case unless the tribunal has exercised its power under paragraph (13) not to admit the report.

In forming its view on the matters contained in paragraph (13)(a), (b) and (c) the tribunal shall take account of any representations of the parties thereon and may in that connection, subject to rule 9(2A) and (2B), permit any party to give evidence upon, to call witnesses and to question any witness upon any matter relevant thereto.

The tribunal may, at any time after it has received the report of an expert, require that expert (or, if that is impracticable, another expert) to explain any matter contained in that report or, having regard to such matters as may be set out in the requirement, to give further consideration to the question.

A requirement under paragraph (15) shall be made in accordance with paragraph (2) and shall stipulate that the expert shall make his reply in writing to the tribunal, giving his explanation or, as the case may be, setting down any conclusion which may result from his further consideration and his reasons for that conclusion.

Where the tribunal has received a reply from the expert under paragraph (16), it shall send a copy of the reply to each of the parties and shall allow the parties to make representations thereon, and the reply shall be treated as information furnished to the tribunal and be given such weight as the tribunal thinks fit.

Where a tribunal has determined under paragraph (13) not to admit a report, that report shall be treated for all purposes (other than the award of costs or allowances under rule 12) connected with the proceedings as if it had not been received by the tribunal and no further account shall be taken of it, and the requirement on the expert to prepare a report shall lapse.

The tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its proceedings and shall not be bound by any statutory provision or rule of law relating to the admissibility of evidence in proceedings before the courts of law. The tribunal shall make such enquiries of persons appearing before it and witnesses as it considers appropriate and, subject to paragraphs (2A), (2B), (2C), (2D) and (2E), shall otherwise conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to the just handling of the proceedings.

Subject to paragraphs (1), (2A), (2B), (2C) and (2D), at the hearing of the originating application a party shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal.

The tribunal may, and shall upon the application of a party, require the attendance of an expert who has prepared a report in connection with an equal value claim in any hearing relating to that claim. Where an expert attends in compliance with such requirement any party may, subject to paragraph (1), cross-examine the expert on his report and on any other matter pertaining to the question on which the expert was required to report.

At any time after the tribunal has received the report of the expert, any party may, on giving reasonable notice of his intention to do so to the tribunal and to any other party, call one witness to give expert evidence on the question on which the tribunal has required the expert to prepare a report; and where such evidence is given, any other party may cross-examine the person giving that evidence upon it.

Except as provided in rule 8A(14) or by paragraph (2D), a party may not give evidence upon, or question any witness upon, any matter of fact upon which a conclusion in the report of the expert is based.

A tribunal may, on the application of a party, if in the circumstances of the case, having regard to the considerations expressed in paragraph (1), it considers that it is appropriate so to proceed, hear evidence upon and permit the parties to address it upon the issue contained in section 1(3) of the Act of 1970 before determining whether to require an expert to prepare a report under rule 8A.

If a party fails to attend or to be represented at the time and place fixed for the hearing, the tribunal may, if that party is an applicant, dismiss or, in any case, dispose of the application in the absence of that party or may adjourn the hearing to a later date: provided that before dismissing or disposing of any application in the absence of a party the tribunal shall consider his originating application or notice of appearance, any representations in writing presented by him in pursuance of rule 8(4) in Schedule 1 and any written answer furnished to the tribunal pursuant to rule 4(3).

A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.

The decision of a tribunal, which may be given orally at the end of a hearing or reserved, shall be recorded in a document signed by the chairman.

There shall be appended to the document referred to in paragraph (3) a copy of the report, if any, of an expert received by the tribunal in the course of the proceedings.

The clerk shall send the documents referred to in paragraphs (2) and (3) and the copy of the report referred to in paragraph (4), if any, to the Secretary who shall enter them in the Register and shall send a copy of the entry to each of the parties and where the proceedings were referred to the tribunal by a court, to that court.

In any case appearing to involve allegations of a sexual offence, the document referred to in paragraph (3) shall be entered on the Register with such omissions or deletions as have been made in accordance with rule 13(6).

Clerical mistakes in the documents referred to in paragraphs (2) and (3), or errors arising in those documents from an accidental slip or omission, may at any time be corrected by the chairman by certificate under his hand.

Where a document omitted from the Register pursuant to paragraph (6) is corrected by certificate under paragraph (8), the Secretary shall send a copy of the corrected document to each of the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (9).

Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.

Paragraph (1) applies to a respondent who has not entered an appearance in relation to the conduct of any part in the proceedings which he has taken.

For the purposes of paragraph (1)(a), the costs in respect of which a tribunal may make an order include costs incurred by the party in whose favour the order is to be made in or in connection with the investigations carried out by the expert in preparing his report.

Where the tribunal has on the application of a party postponed the day or time fixed for or adjourned the hearing, the tribunal may make orders, of the kinds mentioned in paragraphs (1)(a) and (1)(b), against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.

Any costs required by an order under this rule to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed by the order.

Subject to the provisions of these Rules, a tribunal may regulate its own procedure.

Before making an order under sub-paragraph (d), (e) or (f) of paragraph (2) the tribunal shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made; but this paragraph shall not be taken to require the tribunal to send such notice to that party if the party has been given an opportunity to show cause orally why the order should not be made.

Where a notice required by paragraph (3) is sent in relation to an order to strike out an originating application for want of prosecution, service of the notice shall be treated as having been effected if it has been sent by ordinary post or delivered in accordance with rule 19(3) and the tribunal may strike out the originating application (notwithstanding that there has been no direction for substituted service in accordance with rule 19(7)) if the party does not avail himself of the opportunity given by the notice.

A tribunal may, before determining an application under rule 4 or rule 17 in Schedule 1, require the party making the application or, in the case of an application under rule 4(2A), the expert, to give notice of it to every other party (or, in the case of an application by the expert, to the parties and any other person on whom the tribunal is asked, in the application, to impose a requirement). The notice shall give particulars of the application and indicate the address to which and the time within which any objection to the application shall be made, being an address and time specified for the purposes of the application by the tribunal.

In any case appearing to involve allegations of the commission of a sexual offence, the tribunal or the Secretary shall omit from the Register, or delete from the Register or any decision, document or record of the proceedings which is available to the public, any identifying matter.

Without prejudice to paragraph (7), the tribunal shall, before proceeding to hear the parties on an equal value claim, invite them to apply for an adjournment for the purpose of seeking to reach a settlement of the claim and shall, if both or all the parties agree to such a course, grant an adjournment for that purpose.

If, after the tribunal has adjourned the hearing under rule 8A(4) but before the tribunal has received the report of the expert, the applicant gives notice of withdrawal under paragraph (2)(a), the tribunal shall give notice to the expert that the requirement to prepare a report has ceased.

A notice given to the expert under paragraph (6B) shall be without prejudice to the operation of rule 12(2A).

A chairman may postpone the day or time fixed for, or adjourn, any hearing (particularly where a statutory provision provides for conciliation in relation to the case, for the purpose of giving an opportunity for the case to be settled by way of conciliation and withdrawn) and vary any such postponement or adjournment.

Any act required or authorised by rule 3(4) and (5) in Schedule 1, rule 13(7) or rule 15(1) in Schedule 1 to be done by a chairman may be done by a tribunal or on the direction of the President, Vice-President or a chairman.

Any notice given under these Rules shall be in writing.

All notices and documents required by these Rules to be sent to the Secretary may be sent to the Office of the Tribunals or such other office as may be notified by the Secretary to the parties.

A party may at any time by notice to the Secretary and to the other party or parties (and, where appropriate, to the Agency) change the address to which notices and documents are to be sent.

In any case he considers appropriate the President or Vice-President may direct that there shall be substituted service in such manner as he may deem fit.

In proceedings brought under the provisions of any statutory provision providing for conciliation the Secretary shall send copies of all documents and notices to the Agency.

In proceedings which may involve a payment out of the Northern Ireland National Insurance Fund, the Secretary shall, where appropriate, send copies of all documents and notices to the Department whether or not it is a party.

In proceedings under the Act of 1970, or the Order of 1976, the Secretary shall send to the Commission, copies of every document and the entry in the Register sent to the parties under rule 10(5), (9) and (10).

In this rule “document exchange” means any document exchange for the time being approved by the Lord Chancellor.

Subject to paragraph (2), the notice of appeal shall be sent to the Secretary within 21 days from the date of the service on the appellant of the improvement notice or prohibition notice appealed against.

A tribunal may extend the time mentioned in paragraph (1) where it is satisfied, on an application made in writing to the Secretary either before or after the expiration of that time, that it is not or was not reasonably practicable for an appeal to be brought within that time.

Upon receiving the application referred to in paragraph (1) the Secretary shall enter particulars of it against the entry in the Register relating to the appeals and shall send a copy of it to the respondent.

The tribunal shall take account of a written answer furnished pursuant to paragraph (3) in the same way as it takes account of representations in writing submitted by a party pursuant to rule 7(4).

Every document containing a requirement imposed under paragraph (1)(b) or (2) shall contain a reference to the fact that, under Article 59(11) of the No. 1 Order, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and the document shall state the amount of the current maximum fine.

If a requirement imposed under paragraph (1) or (3) is not complied with, a tribunal, before or at the hearing, may strike out the whole or part of the notice of appeal, and, where appropriate, direct that a respondent shall be debarred from defending altogether; but a tribunal shall not so strike out or direct unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so.

The President or Vice-President shall fix the date, time and place of the hearing of the appeal and of any application under rule 4, and the Secretary shall not less than 14 days (or such shorter time as may be agreed by him with the parties) before the date so fixed send to each party a notice of hearing together with information and guidance as to attendance at the hearing, witnesses and the bringing of documents (if any), representation by another person and the making of written representations.

The Secretary shall also send notice of the hearing to such persons as the President or Vice-President may direct, but the requirement as to the period of 14 days referred to in paragraph (1) shall not apply to any such notice.

The President or Vice-President may, if he thinks fit, appoint in pursuance of Article 26(3) of the Order of 1978 a person or persons having special knowledge or experience in relation to the subject matter of the appeal to sit with the tribunal as assessor or assessors.

Any hearing of an appeal shall be heard by a tribunal composed in accordance with Article 58A(1), (2), (3) or (7) of the No. 1 Order51.

Any hearing of or in connection with an appeal shall take place in public except where the Secretary of State has directed a tribunal to sit in private on grounds of national security in accordance with Article 59(4A)52 of the No. 1 Order.

If a party wishes to submit written representations for consideration by a tribunal at the hearing of the appeal, that party shall send such representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to the other party.

The tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its proceedings and shall not be bound by any statutory provision or rule of law relating to the admissibility of evidence in proceedings before the courts of law. The tribunal shall make such enquiries of persons appearing before it and witnesses as it considers appropriate and shall otherwise conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to the just handling of the proceedings.

Subject to paragraph (1), at any hearing of or in connection with an appeal a party shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal.

If a party fails to appear or to be represented at the time and place fixed for the hearing of an appeal, the tribunal may if that party is an appellant, dismiss, or in any case, dispose of the appeal in the absence of that party or may adjourn the hearing to a later date: provided that before disposing of an appeal in the absence of a party the tribunal shall consider any written representations submitted by that party in pursuance of rule 7(4) and any written answer furnished to the tribunal pursuant to rule 5(3).

A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.

The decision of a tribunal which may be given orally at the end of a hearing or reserved shall be recorded in a document signed by the chairman which shall specify the reasons for the decision.

The clerk shall send the document referred to in paragraph (2) to the Secretary who shall enter it in the Register and shall send a copy of the entry to each of the parties.

Clerical mistakes in the document referred to in paragraph (2) or errors arising therein from any accidental slip or omission may at any time be corrected by the chairman by certificate under his hand.

Where a document omitted from the Register pursuant to paragraph (4) is corrected by certificate under paragraph (5), the Secretary shall send a copy of the corrected document to each of the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (6).

Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.

A tribunal may not review a decision of its own motion unless it is the tribunal which made the decision.

An application for the purposes of paragraph (1) may be made at the hearing. If the application is not made at the hearing, such application shall be made to the Secretary at any time from the date of the hearing until 14 days after the date on which the decision was sent to the parties and must be in writing stating the grounds in full.

An application for the purposes of paragraph (1) may be refused by the President, Vice-President or by the chairman of the tribunal which decided the case, if in his opinion it has no reasonable prospect of success.

On reviewing its decision a tribunal may confirm the decision, or vary or revoke the decision under the chairman’s hand; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.

Where the tribunal has on the application of a party postponed the day or time fixed for or adjourned the hearing, the tribunal may make orders, of the kinds mentioned in paragraphs (1)(a) and (1)(b), against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.

Any costs required by an order under this rule to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed by the order.

Subject to the provisions of these Rules, a tribunal may regulate is own procedure.

Before making an order under sub-paragraph (g), (h) or (i) of paragraph (2) the tribunal shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made; but this paragraph shall not be taken to require the tribunal to send such notice to that party if the party has been given an opportunity to show cause orally why the order should not be made.

Rule 11 shall apply to an order under paragraph (2)(e) dismissing an appeal or to an order under paragraph (2)(g), (h) or (i).

Any notice given under these Rules shall be in writing.

A party may at any time by notice to the Secretary and to the other party change the address to which notices and documents are to be sent.

Where a notice of appeal is not delivered, it shall be sent by the recorded delivery service.

In any case he considers appropriate, the President or Vice-President may direct that there shall be substituted service in such manner as he may deem fit.

In the case of an appeal to which the respondent is an inspector appointed otherwise than by a Northern Ireland Department, the Secretary shall send to the Department of Economic Development copies of the notice of appeal and the document recording the decision of the tribunal on the appeal.

In this rule “document exchange” means any document exchange for the time being approved by the Lord Chancellor.

The tribunal shall take account of a written answer furnished pursuant to paragraph (3) in the same way as it takes account of representations in writing submitted by a party pursuant to rule 5(4).

Every document containing a requirement imposed under paragraph (1)(b) or (2) shall contain a reference to the fact that, under Article 59(11) of the No. 1 Order, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine and the document shall state the amount of the current maximum fine.

If a requirement imposed under paragraph (1) or (3) is not complied with, a tribunal, before or at the hearing, may strike out the whole or part of the notice of appeal, and, where appropriate, direct that a respondent shall be debarred from defending altogether; but a tribunal shall not so strike out or direct unless it has sent notice to the party who has not complied with the requirement giving him an opportunity to show cause why the tribunal should not do so.

The President or Vice-President shall fix the date, time and place of the hearing of the appeal and the Secretary shall not less than 14 days (or such shorter time as may be agreed by him with the parties) before the date so fixed send to each party a notice of hearing together with information and guidance as to attendance at the hearing, witnesses and the bringing of documents (if any), representations by another person and the making of written representations.

The Secretary shall also send notice of the hearing to such persons as the President or Vice-President may direct, but the requirement as to the period of 14 days referred to in paragraph (1) shall not apply to any such notice.

Any hearing of an appeal shall be heard by a tribunal composed in accordance with Article 58A(1), (2), (3) or (7) of the No. 1 Order53.

Any hearing of or in connection with an appeal shall take place in public except where the Secretary of State has directed a tribunal to sit in private on grounds of national security, in accordance with Article 59(4A)54 of the No. 1 Order.

If a party wishes to submit written representations for consideration by a tribunal at the hearing of the appeal, that party shall send such representations to the Secretary not less than 7 days before the hearing and shall at the same time send a copy to the other party.

The tribunal shall, so far as it appears to it appropriate, seek to avoid formality in its proceedings and shall not be bound by any statutory provisions or rule of law relating to the admissibility of evidence in proceedings before the courts of law. The tribunal shall make such enquiries of persons appearing before it and witnesses as it considers appropriate and shall otherwise conduct the hearing in such manner as it considers most appropriate for the clarification of the issues before it and generally to the just handling of the proceedings.

Subject to paragraph (1), at the hearing of or in connection with an appeal a party shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal.

If a party shall fail to appear or to be represented at the time and place fixed for the hearing of an appeal, the tribunal may if that party is an appellant dismiss, or in any case, dispose of the appeal in the absence of that party or may adjourn the hearing to a later date: provided that before disposing of an appeal in the absence of a party the tribunal shall consider any written representations submitted by that party in pursuance of rule 5(4).

A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.

Where a tribunal is composed of three members its decision may be taken by a majority; and if a tribunal is composed of two members only, the chairman shall have a second or casting vote.

The decision of a tribunal which may be given orally at the end of a hearing or reserved shall be recorded in a document signed by the chairman which shall specify the reasons for the decision.

The clerk shall send the document referred to in paragraph (2) to the Secretary who shall enter it in the Register and shall send a copy of the entry to each of the parties.

In any appeal appearing to involve allegations of a sexual offence, the document referred to in paragraph (2) shall be entered on the Register with such omissions or deletions as have been made in accordance with rule 10(4).

Clerical mistakes in the document referred to in paragraph (2) or errors arising therein from any accidental slip or omission may at any time be corrected by the chairman by certificate under his hand.

Where a document omitted from the Register pursuant to paragraph (4) is corrected by certificate under paragraph (6), the Secretary shall send a copy of the corrected document to each of the parties; and where there are proceedings before any superior court relating to the decision in question, he shall send a copy to that court together with a copy of the entry in the Register of the document referred to in paragraph (2), if it has been altered under paragraph (7).

Where this rule requires a document to be signed by the chairman of a tribunal composed of three or two persons, but by reason of death or incapacity the chairman is unable to sign it, the document shall be signed by the other members or member of the tribunal, who shall certify that the chairman is unable to sign.

A tribunal may not review a decision of its own motion unless it is the tribunal which made the decision.

An application for the purposes of paragraph (1) may be made at the hearing. If the application is not made at the hearing, such application shall be made to the Secretary at any time from the date of the hearing until 14 days after the date on which the decision was sent to the parties and must be in writing stating the grounds in full.

An application for the purposes of paragraph (1) may be refused by the President or Vice-President or the chairman of the tribunal which decided the case, if in his opinion it has no reasonable prospect of success.

On reviewing its decision a tribunal may confirm the decision, or vary or revoke the decision under the chairman’s hand; and if it revokes the decision, the tribunal shall order a re-hearing before either the same or a differently constituted tribunal.

Where the tribunal has on the application of a party postponed the day or time fixed for or adjourned the hearing, the tribunal may make orders, of the kinds mentioned in paragraphs (1)(a) and (1)(b), against or, as the case may require, in favour of that party as respects any costs incurred or any allowances paid as a result of the postponement or adjournment.

Any costs required by an order under this rule to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed by the order.

Subject to the provisions of these Rules, a tribunal may regulate its own procedure.

Before making an order under sub-paragraph (g), (h) or (i) of paragraph (2) the tribunal shall send notice to the party against whom it is proposed that the order should be made giving him an opportunity to show cause why the order should not be made; but this paragraph shall not be taken to require the tribunal to send such notice to that party if the party has been given an opportunity to show cause orally why the order should not be made.

In any appeal appearing to involve allegations of the commission of a sexual offence, the tribunal or the Secretary shall omit from the Register, or delete from the Register or any decision, document or record of the proceedings which is available to the public, any identifying matter.

Rule 9 shall apply to an order under paragraph (2)(e) dismissing an appeal or to an order under paragraph (2)(g), (h) or (i).

In any appeal which involves allegations of sexual misconduct the tribunal may at any time before promulgation of its decision, either on the application of a party made by notice to the Secretary or of its own motion, make a restricted reporting order.

The tribunal shall not make a restricted reporting order unless it has given each party an opportunity to advance oral argument at a hearing.

A tribunal may revoke a restricted reporting order at any time if it thinks fit.

For the purposes of this rule “promulgation” occurs on the date recorded as being the date on which the document recording the determination of the appeal was sent to the parties.

Any notice given under these Rules shall be in writing.

A party may at any time by notice to the Secretary and to the other party change the address to which notices or documents are to be sent.

Where a notice of appeal is not delivered, it shall be sent by the recorded delivery service.

In any case he considers appropriate the President or Vice-President may direct that there shall be substituted service in such manner as he may deem fit.

In this rule “document exchange” means any document exchange for the time being approved by the Lord Chancellor.