MR LOWIES
The common law position, Chairman I would suggest is the following;  a tribunal has the right to regulate its own proceedings and I think the Act goes further here as well and it tells you to regulate the proceeding.  For instance, if you are requested to recuse yourself, there's nothing in the Act that says you may or may not recuse yourself, but yes, it is common law and it is accepted practice that an administrative tribunal has that authority.  Now all I'm saying is, the very nature - maybe the word "declarator" is not a good word, but the very nature of this application is that you regulate your proceedings and telling the applicant, to put it in other words in other words, telling the applicants in other words; "The procedure that I'm going to follow is, I'm not going to regard myself as being by that."  That I would submit is implicit in what you have, although there is no specific provision in the Act.