text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Data Sheets for Veterinary Drugs) Regulations 2000 and shall come into force on 1st October 2000.
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Medicines Act 1968;
“approved name”, in relation to a product, means a name approved in the licence or authorisation relating to the product;
“authorisation” means a marketing authorisation within the meaning of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“compendium” means a publication as described in regulation 2(1)(b);
“data sheet” means a data sheet relating to a medicinal product which is a veterinary drug and includes an SPC ;
“Directive 81/851” means Council Directive 81/851/ EEC on the approximation of the laws of the Member States relating to veterinary medicinal products amended by Council Directives 90/676/EEC and 93/40/EEC ;
“licence” means a product licence;
“medicinal product” includes —
articles or substances specified in an order made under section 104 or 105 of the Act and which directs that section 96 of the Act shall have effect in relation to those articles or substances as it has in relation to medicinal products, and
any product to which an authorisation relates;
“SPC” means a summary of the product characteristics, within the meaning of Articles 5.11 and 5a of Directive 81/851, to which an authorisation relates.
3
Any reference in these Regulations to a numbered regulation or to the Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations or the Schedule to them.
Form of data sheets
2
1
Subject to the following provisions of these Regulations, every data sheet shall be in the form either of —
a
a loose sheet, containing the particulars specified in these Regulations, or
b
a page or part of a page, containing those particulars and forming part of a compendium which —
i
is published in book form, whether or not permanently bound (and whether or not also published in electronic form), and
ii
complies with the requirements of paragraph (2) below,
and shall comply with the requirements of paragraphs (3) to (6) below.
2
The requirements for a compendium are that —
a
it contains entries relating to medicinal products which are all veterinary drugs,
b
those entries are made with the consent of the holder of the licence or authorisation for each product the subject of the entry,
c
it indicates prominently that it comprises data sheets and the date of publication and in the case of a compendium in book form such indication appears on its cover,
d
it indicates the name and address of the printers and publishers,
e
it contains no information other than that required or authorised by regulation 3, except that the compendium may contain an explanation of the contents and such information, both of a general and specific nature (other than in respect of medicinal products) which may be of use to the practitioner for the purposes of his practice,
f
in the case of a compendium that is prepared by, or on behalf of, a commercially interested party it refers only to medicinal products in which such party is commercially interested,
g
in the case of a compendium that is not prepared by or on behalf of a commercially interested party, it is a publication in which particular classes or groups of holders of licences or authorisations may participate, unless the products concerned do not fall within the scope of that compendium, and
h
in the case of a compendium in electronic form, it contains sufficient safeguards to prevent changes being made to the text of a data sheet.
3
Every data sheet that is in the form of a loose sheet shall be printed in black on a white background, except that the name of the product to which it relates or any name required by paragraph 10, column 2 of the Schedule may be printed in white on a black background when it is at the top or in the margins of the data sheet.
4
Every data sheet which forms part of a compendium which is not in a permanently bound or electronic form shall comply with the requirements of paragraph (3) above.
5
Every data sheet which forms part of a compendium which is in a permanently bound form shall be printed in black on a white background in type of uniform size and style, except that —
a
headings and sub-headings may be in bold or in a different style of the type size used;
b
the names of medicinal products may differ in style or type size, provided the same style or type size is used throughout the compendium for all such names; and
c
the name and address required by paragraph 10, column 2 of the Schedule may differ in style or type size, provided the respective style or type is used throughout the compendium for all such names or addresses.
6
Every data sheet which forms part of a compendium in electronic form shall be presented in type of uniform size, style, colour and background except that: —
a
headings and sub-headings may be in bold or in a different style of the type size used;
b
the names of medicinal products may differ in style or type size, provided the same style or type size is used throughout the compendium for all such names; and
c
the name and address required by paragraph 10, column 2 of the Schedule may differ in style or type size, provided the respective style or type size is used throughout the compendium for all such names and addresses.
Particulars in data sheets — general
3
1
Every data sheet which is not a SPC shall in respect of the medicinal product to which it relates contain the particulars set out in column 2 of the Schedule, against the relevant headings set out in column 1 of the Schedule, following the order set out there, in the English language, but if any of the particulars are not relevant in respect of that product the heading in question shall be given followed by the word “Nil”.
2
Every data sheet which is a SPC shall in respect of the medicinal product to which it relates contain the particulars called for by paragraphs 1 to 6 of Article 5a of Directive 81/851, and the particulars required by paragraphs 7 (legal category), 8 (package quantities), 10 (licence or authorisation number and names and addresses) and 11 (date of preparation or last review) of column 2 of the Schedule, in the English language.
3
A data sheet may additionally contain the device for the Queen’s Award to Industry, a trade mark, with an indication that it is a trade mark, and a printer’s mark.
4
Any particulars required by these Regulations to be contained in any data sheet shall be consistent with the provisions of the licence or authorisation relating to the product in question, except that in the case of a data sheet which forms part of a compendium in a case where, since the compendium was published, the provisions in question have been altered, this requirement does not apply until the next edition or reprint of the compendium.
5
Paragraphs (1) and (2) above are subject to regulation 5.
Particulars in data sheets — additional provisions for loose sheets
4
1
Every data sheet that is in the form of a loose sheet shall —
a
if it is not a SPC, be marked clearly and prominently with the words “Data Sheet” at the top of the first side of the sheet, or
b
if it is a SPC, be marked either with the words “Data Sheet” or “Summary of Product Characteristics” at the top of the first side of the sheet.
2
Any data sheet that is in the form of a loose sheet shall not be regarded as failing to satisfy the provisions of regulation 3(1) or (2) by nature only of the additional appearance of the name of the medicinal product and any name required by paragraph 10, column 2 of the Schedule —
a
in the space at the top of the first side of the sheet or in the case of a folded sheet at the top of the first side of the first fold of the sheet immediately above the first of the required particulars and below the words “Data Sheet” or “Summary of Product Characteristics” as the case may be,
b
in the side margins of the sheet, or
c
in both such areas.
Particulars in data sheets — special provisions for compendia
5
1
Where a data sheet forms part of a compendium, the name and address referred to in paragraph 10, column 2 of the Schedule need not be included in the data sheet, if in the compendium data sheets are grouped together under a single name required by that paragraph, and the name and address appear either at the head of that group or in the first data sheet of that group.
2
Where a data sheet forms part of a compendium, the date of preparation or last review referred to in paragraph 11, column 2 of the Schedule need not be included in the data sheet.
Additional requirements for data sheets which are not SPCs
6
1
Any data sheet which is not a SPC may relate to two or more medicinal products only if —
a
or the licence or authorisation for each product is held by the same person, and
b
the products contain the same single active ingredient, or the same two or more active ingredients in the same proportion,
the licence or authorisation for each product expressly permits the products to be administered together with or following on from one another, and the products are or are to be sold, supplied or imported for administration in a package which contains some of each product.
2
No data sheet which is not a SPC shall contain any reference relating to a substance or article other than the medicinal product to which the data sheet relates, except in so far as such reference is necessary to —
a
explain the contra-indications or precautions or the action to be taken in the event of overdosage, of the medicinal product to which the data sheet relates, or
b
assist the practitioner in the proper understanding, recognition, administration and use of the medicinal product to which the data sheet relates.
Cessation of application of previous Regulations
7
The Medicines (Data Sheet) Regulations 1972 shall cease to apply to veterinary drugs.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
17th August 2000
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State for Health
4th September 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
30th August 2000
Bríd Rodgers
Minister of Agriculture and Rural Development
31st August 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Designs (Convention Countries) (Amendment) Order 2000 and shall come into force on 24th May 2000.
2
Taiwan is a convention country for the purposes of all of the provisions of the Registered Designs Act 1949.
3
The Designs (Convention Countries) Order 1994 shall be amended by the insertion in Schedule 1 thereto of Taiwan in proper alphabetical order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 3) Regulations 2000 and shall come into force on 28th November 2000.
2
These Regulations extend to England and Wales.
Amendment of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
2
In Schedule 3 Part I, paragraph 1, to the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 after the words “Commission Decision 2000/651/ EC ( OJ No. L272, 25.10.00, p. 46)” there shall be added the following —
and Commission Decision 2000/705/EC (OJ No. L288, 15.11.00, p. 30)
.
Hayman
Minister of State (Lords) Ministry of Agriculture, Fisheries and Food
25th November 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999;
“shareable state scheme rights” has the meaning given by section 47(2) of the 1999 Act.
Basic information about the sharing of state scheme rights and divorce
2
1
The requirements imposed on the Secretary of State for the purposes of section 23(1)(a) of the 1999 Act (supply of pension information in connection with divorce etc. ) are that he shall furnish —
a
the information specified in paragraphs (2) and (3) —
i
to a person who has shareable state scheme rights on request from that person; or
ii
to the court, pursuant to an order of the court; or
b
the information specified in paragraph (3) to the spouse of a person who has shareable state scheme rights, on request from that spouse.
2
The information specified in this paragraph is a valuation of the person’s shareable state scheme rights.
3
The information in this paragraph is an explanation of —
a
the state scheme rights which are shareable;
b
how a pension sharing order or provision will affect a person’s shareable state scheme rights; and
c
how a pension sharing order or provision in respect of a person’s shareable state scheme rights will result in the spouse of the person who has shareable state scheme rights becoming entitled to a shared additional pension.
4
The Secretary of State shall furnish the information specified in paragraphs (2) and (3) to the court or, as the case may be, to the person who has shareable state scheme rights within —
a
3 months beginning with the date the Secretary of State receives the request or, as the case may be, the order for the provision of that information;
b
6 weeks beginning with the date the Secretary of State receives the request or, as the case may be, the order for the provision of the information, if the person who has shareable state scheme rights has notified the Secretary of State on the date of the request or order that the information is needed in connection with proceedings commenced under any of the provisions referred to in section 23(1)(a) of the 1999 Act; or
c
such shorter period specified by the court in an order requiring the Secretary of State to provide a valuation in accordance with paragraph (2).
5
Where —
a
the request made by the person with shareable state scheme rights for, or the court order requiring, the provision of information does not include a request or, as the case may be, an order for a valuation under paragraph (2); or
b
the spouse of the person with shareable state scheme rights requests the information specified in paragraph (3),
the Secretary of State shall furnish that information to the person who has shareable state scheme rights, his spouse, or the court, as the case may be, within one month beginning with the date the Secretary of State receives the request or the court order for the provision of that information.
Information about the sharing of state scheme rights and divorce: valuation of shareable state scheme rights
3
Where an application for financial relief or financial provision under any of the provisions referred to in section 23(1)(a) of the 1999 Act has been made or is in contemplation, the valuation of shareable state scheme rights shall be calculated and verified for the purposes of regulation 2(2) of these Regulations in such manner as may be approved by or on behalf of the Government Actuary.
Calculation and verification of cash equivalents for the purposes of the creation of state scheme pension debits and credits
4
For the purposes of —
a
section 49 of the 1999 Act (creation of state scheme pension debits and credits);
b
section 45B of the 1992 Act (reduction of additional pension in Category A retirement pension: pension sharing);
c
section 55A of the 1992 Act (shared additional pension); and
d
section 55B of the 1992 Act (reduction of shared additional pension: pension sharing),
cash equivalents shall be calculated and verified in such manner as may be approved by or on behalf of the Government Actuary.
Signed by authority of the Secretary of State for Social Security
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
28th September 2000


text:
PART I
PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Air Force Custody Rules 2000 and shall come into force on 2nd October 2000.
Interpretation
2
1
In these Rules —
“the accused” means —
in relation to proceedings under section 75F(1) of the Act , the person who is required to be brought before a judicial officer under section 75F(1) of the Act;
in relation to proceedings on a review under section 75G(1) of the Act, the person to whom the review relates;
“the Act” means the Air Force Act 1955;
“application” means the application by the commanding officer to the judicial officer for an extension of custody without charge under section 75C of the Act;
“the commanding officer” means —
in relation to proceedings on an application under section 75C of the Act —
the commanding officer of the person to whom the application relates or,
where the functions of the commanding officer under that section in relation to the application have been delegated to another officer in accordance with regulations made under section 75E of the Act, that officer; and
subject to paragraph (2), in relation to proceedings under section 75F(1) of the Act or proceedings on a review under section 75G(1) of the Act, the accused’s commanding officer;
“custody” means air-force custody;
“hearing” means, as the case may be —
a hearing of an application under section 75C of the Act;
a hearing under section 75F(1) of the Act; or
a hearing before a judicial officer conducting a review under section 75G(1) of the Act;
“the relevant court administration officer” means —
the court administration officer; or
where the court administration officer has for the time being directed an assistant court administration officer to carry out the functions conferred by these Rules on the relevant court administration officer, that officer;
“the relevant time” means —
in relation to a person arrested under section 74 of the Act or arrested by a constable, the time of the arrest; and
in relation to a person delivered into custody following surrender under section 188 of the Act or paragraph 6 of Schedule 2 to the Reserve Forces Act 1996 , the time of the surrender; and
“a review” means a review conducted by the judicial officer under section 75G(1) of the Act.
2
In Parts III, IV and V of these Rules, any reference to the commanding officer in relation to —
a
proceedings under section 75F(1) of the Act;
b
proceedings on a review under section 75G(1) of the Act,
shall include a reference to any person under his command who has his authority to exercise his functions under these Rules with respect to those proceedings.
3
Subject to paragraphs (4) and (5), “the judicial officer” means, in relation to the exercise of any function conferred by these Rules in any proceedings, the judicial officer for the time being specified by or on behalf of the Judge Advocate General to exercise that function in those proceedings.
4
In relation to a review conducted at any time after the commencement of the trial of the accused by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to the judicial officer in these Rules shall have effect as references to the judge advocate.
5
Where —
a
the commanding officer orders a person’s arrest under section 75K(1) of the Act; and
b
at the time the arrest is made the person is already before a judicial officer,
the judicial officer shall immediately carry out the review required by section 75K(7)(b) of the Act; and any reference in these Rules to the judicial officer in relation to such a hearing shall be construed accordingly.
Service of documents
3
1
Subject to paragraph (4) and rule 21(2), any notice or other document required by these Rules to be served on a person may be served on that person by —
a
delivering it to him;
b
leaving it at his proper address;
c
sending it by post to his proper address; or
d
transmitting it to him by FAX or other means of electronic data transmission in accordance with rule 4.
2
For the purposes of this rule and rule 4, the reference to a person’s proper address shall be to such address determined in accordance with Schedule 1.
3
Paragraph (4) applies to the service of any notice or other document on the person to whom the proceedings relate, where that person has appointed a legal adviser to act in connection with the conduct of those proceedings and —
a
notice has been served in accordance with rule 19(5); and
b
no notice of the revocation of that appointment has been served in accordance with rule 19(6).
4
Where this paragraph applies any notice or other document shall be served on the person to whom the proceedings relate by —
a
delivering it to his legal adviser;
b
leaving it at the address notified under rule 19(5);
c
sending it by post to his legal adviser to the address notified under rule 19(5); or
d
transmitting it to his legal adviser by FAX or other means of electronic data transmission in accordance with rule 4.
5
Paragraph (6) applies to the service of any notice or other document on the person to whom the proceedings relate in any case not falling within paragraph (3).
6
Where this paragraph applies and without prejudice to paragraph (1), any notice or other document may be served on the person to whom the proceedings relate by —
a
delivering it to the commanding officer;
b
leaving it at the commanding officer’s proper address;
c
sending it by post to the commanding officer at his proper address; or
d
transmitting it to the commanding officer by FAX or other means of electronic data transmission in accordance with rule 4.
7
In these Rules, “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals.
Service by FAX or other means of electronic data transmission
4
1
A document may be transmitted by FAX to a person if it is transmitted —
a
where the person is the legal adviser of the person to whom the proceedings relate, to the FAX number of any FAX machine at the address notified in accordance with rule 19(5); and
b
in any other case, to the FAX number of any FAX machine at his proper address.
2
Paragraph (1) shall not apply if the person concerned has indicated in writing that he is not willing to regard a document as having been duly served on him if it is transmitted to a specified FAX number falling within that paragraph.
3
In paragraph (1), the reference to a FAX machine is to any machine which is capable of receiving documents transmitted by FAX.
4
A document may be transmitted by FAX where the person to be served has indicated in writing to the person serving the document that he is willing to regard a document as having been duly served on him if it is transmitted to a specified FAX number and the document is transmitted to that number.
5
Paragraph (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.
6
In paragraph (4), the reference to the person to be served is —
a
in a case falling within rule 3(4)(d), a reference to the legal adviser appointed by the person to whom the proceedings relate; and
b
in a case falling within rule 3(6)(d), a reference to the commanding officer.
7
Where a document is transmitted by FAX in accordance with this rule, the person to whom the document is addressed shall be specified in the FAX.
Substituted service
5
1
Where, in any case not falling within rule 3(3) —
a
a notice or other document is required under these Rules to be served by the person to whom the proceedings relate on a person other than the commanding officer; and
b
the person to whom the proceedings relate is in air-force custody,
the requirement shall be satisfied by serving the notice or other document on the commanding officer together with a written request that he serve it on the person on whom under these Rules the document is required to be served.
2
Where a notice or other document is served on the commanding officer in accordance with paragraph (1), he shall serve that document on the person specified in the written request.
Appointment of court administration officer
6
1
There shall be a court administration officer, who shall be a person appointed by the Defence Council for the purpose of discharging such administrative functions as shall be provided under these Rules.
2
The Defence Council may appoint persons to be assistant court administration officers for the purposes of discharging the functions of the relevant court administration officer when so directed by the court administration officer.
Appointment of court officials
7
The relevant court administration officer may at any time appoint a person or persons to act as —
a
court recorder;
b
interpreter,
at a hearing.
PART II
NOTIFICATIONS
Notification of application for an extension of custody without charge
8
1
Where the commanding officer proposes to make an application he, or someone acting on his behalf, shall —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the person to whom the application relates in writing of that fact and of the information specified under paragraph (2)(f), (g) and (h) and, if the person to whom the application relates has not appointed a legal adviser, of the entitlement to legal representation at the hearing of the application.
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the person to whom the application relates and, where applicable, his rank, service number and unit;
c
the name and address of the legal adviser appointed by the person to whom the application relates, if known;
d
the nature of the offence for which the person to whom the application relates has been arrested;
e
the relevant time;
f
the general nature of the evidence on which the person to whom the application relates was arrested;
g
what inquiries relating to the offence have been made and what further inquiries are proposed; and
h
the commanding officer’s reasons for believing the continued keeping of the person to whom the application relates in custody is justified.
Notification that accused is being kept in custody after charge
9
1
Subject to rule 10, where the accused is kept in custody after being charged, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he is to be brought before a judicial officer as soon as practicable and of the information specified under paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank, service number and unit;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date and time that the accused was charged; and
f
the commanding officer’s reasons for believing that the continued keeping of the accused in custody is justified.
3
For the purposes of paragraph (1), a person is to be treated as charged with an offence if he is to be so treated by virtue of section 75(4) of the Act.
Notification that accused has been arrested and taken into custody
10
1
Subject to paragraph (3), where the accused is arrested under subsection (1) or subsection (3) of section 75K of the Act and taken into custody, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he shall be brought before a judicial officer as soon as practicable and, if the accused has been arrested under section 75K(1) of the Act, the information specified under paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is:
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank, service number and unit;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date and time that the accused was arrested pursuant to the order or direction; and
f
if the arrest is made under section 75K(1) of the Act, the commanding officer’s reasons for believing that the keeping of the accused in custody is justified.
3
Paragraph (1) shall not apply —
a
in relation to an arrest under section 75K(1) of the Act, where the arrest takes place in circumstances falling within rule 2(5);
b
in relation to an arrest under section 75K(3) of the Act, where the accused is already before the judge advocate when the arrest is made.
Request by the commanding officer for a review
11
1
Subject to paragraph (3), a request for a review under section 75G(2)(b) of the Act shall be made by the commanding officer to the relevant court administration officer and be supported by the following information —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank, service number and unit;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date on which the extant order under section 75F(2) was made and the period of custody authorised by it;
f
the circumstances which have caused the commanding officer to consider that the grounds on which that order was made have ceased to exist; and
g
if it appears to the commanding officer that requirements should be imposed by the judicial officer under section 75J(2)(b) of the Act, the suggested requirements.
2
Where a request is made under paragraph (1), the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified under paragraph (1)(f) and (g).
3
Where the commanding officer requests a review under section 75G(2)(b) of the Act after the commencement of the accused’s trial by court-martial and on a day when that court-martial is sitting, the request shall be made to the judge advocate.
Written notification
12
Where —
a
a notification required to be given to the relevant court administration officer under paragraph (1)(a) of rule 8, 9 or 10 is given orally; or
b
a request under rule 11(1) is made orally,
the commanding officer shall ensure that a notice containing the information so notified or given in support of the request is served on the court administration officer as soon as practicable thereafter.
PART III
REVIEWS
Review dates
13
1
Where the judicial officer makes an order under section 75F(2) of the Act, he shall determine the date on which that order is to be reviewed and specify that date in the record of the order.
2
The judicial officer may decide to carry out the review on a different date where —
a
a request for a review is made under section 75G(2)(b) of the Act and he considers that it is reasonably practicable for the review to take place before the date determined under paragraph (1); or
b
it is not practicable or in the interests of justice for the review to take place on the date determined under paragraph (1),
in which case the relevant court administration officer shall notify the commanding officer and the accused of the different date.
Requirement for a hearing
14
1
A review shall be carried out at a hearing if —
a
it is the first review under section 75G(1) of the Act in relation to the accused;
b
it has been requested under section 75G(2)(b) of the Act;
c
it is a review carried out at any time after the commencement of the accused’s trial by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, other than during an adjournment;
2
In any other case, a review shall be carried out at a hearing unless —
a
the judicial officer is satisfied on the basis of the representations made by the commanding officer under rule 15 that the grounds on which the order made under section 75F(2) of the Act continue to exist;
b
the accused has not made representations under rule 15 or, where such representations have been made, they do not contain any arguments as to fact or law which have not been heard previously; and
c
the judicial officer is satisfied that there is no other reason for carrying out the review at a hearing.
3
The judicial officer shall not on a review impose any requirements under section 75J(2)(b) of the Act unless the review is carried out at a hearing.
Written representations
15
1
This rule applies to any review other than a review to which rule 14(1) applies.
2
The commanding officer and the accused may make written representations with respect to —
a
the need for a hearing for the purposes of carrying out a review;
b
whether or not the judicial officer should on a review make an order under section 75F(2) of the Act authorising the keeping of the accused in custody.
3
Any written representations made under paragraph (2) shall be served on the court administration officer and a copy shall be served on the commanding officer or, as the case may be, the accused.
Notification of hearing for the purposes of carrying out a review
16
1
Where a hearing is required for the purposes of carrying out a review, the relevant court administration officer shall, after consultation with the Judge Advocate General or a person acting on his behalf, determine the time and place of the hearing.
2
The relevant court administration officer shall ensure that the hearing of a review takes place on the date determined by the judicial officer in accordance with rule 13.
3
The relevant court administration officer shall notify the commanding officer and the accused of the time and place of the hearing.
Decisions on reviews carried out without a hearing
17
1
This rule applies in any case where the judicial officer carries out a review without a hearing.
2
Where the judicial officer decides not to authorise the keeping of the accused in custody he shall —
a
notify the relevant court administration officer of that fact as soon as practicable; and
b
record his decision in the form set out in Schedule 2 to these Rules, which form shall be served by the relevant court administration officer on the commanding officer and the accused.
3
Where the relevant court administration officer is notified under paragraph (2)(a), he shall notify the commanding officer and the accused as soon as practicable of the judicial officer’s decision.
4
Where the judicial officer makes an order under section 75F(2) of the Act, this shall be recorded in the form set out in Schedule 2 to these Rules, which form shall be served by the relevant court administration officer on the commanding officer and the accused.
PART IV
GENERAL MATTERS
Arranging a hearing
18
1
Where the relevant court administration officer receives notification under paragraph (1)(a) of rule 8, 9 or 10 he shall, after consultation with the Judge Advocate General or a person acting on his behalf, determine the time and place of any hearing.
2
The relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the time and place of the hearing.
3
If, having notified a person in accordance with paragraph (2), the relevant court administration officer changes the time or place of the hearing, he shall notify that person of the change.
4
The relevant court administration officer shall arrange for the attendance at a hearing of a court recorder if the judicial officer so requests.
5
The relevant court administration officer shall arrange for the attendance at a hearing of an interpreter if the judicial officer, the commanding officer or the person to whom the proceedings relate so requests.
Legal representation
19
1
Subject to rule 20, the person to whom the proceedings relate and the commanding officer shall each have the right to be legally represented at a hearing.
2
Subject to rule 20, the person to whom the proceedings relate may appoint a person (referred to in these Rules as his “legal adviser”) to act for him in connection with the conduct of any proceedings to which these Rules relate.
3
The commanding officer shall ensure that the person to whom the proceedings relate is afforded reasonable opportunity of communicating with his legal adviser for the purposes of preparing for the proceedings in connection with which the legal adviser has been appointed.
4
Without prejudice to paragraph (1), where paragraph (5) applies, any right conferred or duty imposed by these Rules on the person to whom the proceedings relate may be exercised or, as the case may be, performed by his legal adviser on his behalf.
5
This paragraph applies where a legal adviser appointed under this rule serves notice on the court administration officer specifying —
a
his name and address;
b
the name of the person in respect of whom he is acting and, where applicable, that person’s rank, service number and unit; and
c
the proceedings in connection with which he has been appointed.
6
Where the person to whom the proceedings relate revokes his legal adviser’s appointment, he shall as soon as reasonably practicable serve notice on the court administration officer and the commanding officer of that fact.
Qualifications to be held by legal representatives
20
1
A person may only —
a
represent the commanding officer or, as the case may be, the person to whom the proceedings relate, at a hearing;
b
be appointed under rule 19(2) as a legal adviser,
if he is appropriately qualified.
2
For the purposes of paragraph (1), a person is appropriately qualified if —
a
he is a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
he is an advocate or a solicitor in Scotland;
c
he is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
d
he is a person who has in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Witness summons
21
1
Schedule 3 shall have effect with respect to summoning persons —
a
to give evidence, or
b
to produce any document or thing,
for the purposes of any proceedings to which these Rules apply.
2
A witness summons issued in accordance with Schedule 3 shall be served on the witness —
a
by delivering it to him;
b
by leaving it for him with a person at his usual place of abode;
c
by post in a letter addressed to him at his last known or usual place of abode;
d
where the witness is subject to air-force law, military law or the Naval Discipline Act 1957 , by serving it on his commanding officer.
3
Where a witness summons is served on a person’s commanding officer under paragraph (2)(d), he shall serve the witness summons on that person.
Evidence through a live TV link
22
1
A witness may, with the permission of the judicial officer, give evidence at a hearing through a live television link or other similar arrangements if it is not reasonably practicable for that person to attend the hearing.
2
An application for permission under paragraph (1) shall be made by the person wishing to call the witness as soon as he believes that —
a
a person is likely to be able to give evidence likely to be material evidence; and
b
that it is not reasonably practicable for that person to attend the hearing.
3
The application shall be served on the court administration officer and shall state —
a
the grounds of the application;
b
the name and, where applicable, the service number, rank and unit of the witness;
c
where the witness is under the age of 18 years, the date of birth of the witness;
d
the country and place where it is proposed the witness will be when giving evidence; and
e
the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness when giving evidence.
4
A copy of the application shall be served on the commanding officer or, as the case may be, the person to whom the proceedings relate.
5
The judicial officer shall not determine the application without giving the person served under paragraph (4) an opportunity to make representations about the application.
6
Where the application is determined prior to the hearing in which the evidence is to be given, the relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the decision of the judicial officer in relation to the application and, where permission is granted, the notification shall state any conditions specified by the judicial officer in accordance with paragraph (7).
7
The judicial officer may make the grant of permission subject to such conditions as he considers necessary with respect to the manner in which the evidence is to be given, including —
a
specifying the place where the witness is to give evidence; and
b
specifying the persons in whose presence the witness is to give evidence.
8
This rule is without prejudice to the rights of the commanding officer and the person to whom the proceedings relate to give evidence through a live link or other similar arrangements by virtue of rules 23(4) and 24.
PART V
HEARINGS
Procedure at the hearing
23
1
The judicial officer shall not be bound at a hearing by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.
2
The commanding officer and the person to whom the proceedings relate shall each be heard in such order as the judicial officer shall determine and, in exercising his powers under this paragraph, the judicial officer shall adopt such course as appears to him will best serve the interests of justice.
3
The judicial officer shall explain the order of the proceedings which he proposes to adopt at the beginning of the hearing.
4
Subject to section 75G(6) of the Act, the commanding officer and the person to whom the proceedings relate shall each be entitled to —
a
give evidence on oath and call witnesses;
b
produce to the judicial officer any document or written report; and
c
address the judicial officer at least once;
on any matter relevant to the proceedings.
5
The judicial officer shall make a record of the hearing, unless a court recorder is in attendance.
Presence at hearing by live TV link
24
1
A person mentioned in paragraph (2) shall be treated as being present at a hearing if, whether by means of a live television link or similar arrangements, he is able to see and hear and to be seen and heard by the judicial officer, any witness giving evidence and all other persons mentioned in that paragraph.
2
The persons are —
a
the person to whom the proceedings relate;
b
the commanding officer;
c
where the commanding officer or, as the case may be, the person to whom the proceedings relate is legally represented, any such legal representative;
d
any person appointed under rule 7 to act as an interpreter for the purposes of the hearing.
Adjournments
25
Where a person to whom the application relates is not legally represented at a hearing of an application under 75C of the Act, the judicial officer shall explain —
a
the right of the person to whom the application relates to be legally represented;
b
the right to an adjournment if he wishes to be so represented; and
c
the effect of such an adjournment.
Presence of witnesses
26
Except where the person is the commanding officer or the person to whom the proceedings relate or is present to give expert evidence or evidence as to a person’s character, a person who is called to give evidence shall not, except with the consent of the judicial officer, be present at a hearing while not under examination.
Oaths and affirmations
27
1
An oath shall be administered at the start of the hearing to any person appointed to act as an interpreter and, before oral evidence is given, to any witness who has attained the age of 14 years.
2
If —
a
a person required by virtue of this rule to take an oath objects to being sworn; or
b
it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appropriate to his religious belief,
he shall be permitted to make a solemn affirmation instead of taking an oath.
3
A person who may be permitted under this rule to make his solemn affirmation may also be required to do so, and for the purposes of this rule “reasonably practicable” means reasonably practicable without inconvenience or delay.
4
An oath or affirmation shall be administered in the form and manner set out in Schedule 4 to these Rules by the judicial officer, or where the judical officer so directs, by any other person acting on his behalf.
Privileges and immunities
28
A witness at a hearing or any other person whose duty it is to attend on or before the judicial officer at the hearing shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.
Decision of the judicial officer
29
1
The judicial officer shall announce his decision and the reasons for it at the end of any hearing and record that decision in the form set out in Schedule 2 to these Rules.
2
The relevant court administration officer shall serve copies of that form on the commanding officer and the person to whom the proceedings relate.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


text:
1
This Order may be cited as the Phoenix College (Dissolution) Order 2000, and shall come into force on 1st April 2000.
2
On 1st April 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Merton College, Morden, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st April 2000 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 2000;
c
to the transferor were to the corporation; and
d
to the corporation were to Merton College, Morden.
Tessa Blackstone
Minister of State,
Department for Education and Employment
14th February 2000


text:
Citation and commencement
1
These Rules may be cited as the Immigration Services Tribunal Rules 2000 and shall come into force on 30th October 2000.
Interpretation
2
In these Rules: —
“appeal” means an appeal under section 87(2) against a decision of the Commissioner, and “appellant” shall be construed accordingly;
“charge” means a disciplinary charge laid by the Commissioner under paragraph 9(1)(e) of Schedule 5 and “person charged” shall be construed accordingly;
“procedural direction” means a direction relating to any of the following matters: —
the suspension of the effect of the decision appealed against pending determination of the appeal (rule 10);
the cancellation or variation of a direction suspending the effect of a decision (rule 11);
restrictions on or prohibition of the provision of immigration advice or immigration services pending determination of a charge (rule 15);
the consolidation of the proceedings with any other proceedings before the Tribunal, whether involving the same or different parties (rule 16(2)(a));
the hearing of any two or more sets of proceedings together (rule 16(2)(b));
the extension of the time limited by these Rules for any step in the proceedings (rule 16(2)(c));
what witnesses are to be heard at the full hearing of an appeal or charge (rule 17);
the provision of information, or disclosure of documents, by any party to the proceedings to any other party or to the Tribunal (rule 18);
the date for the full hearing of an appeal or charge (rule 19);
who may represent any party to an appeal or charge (rule 21(d));
the setting aside of a decision made in the absence of a party and the re-listing of the proceedings for hearing (rule 25);
any other arrangement which, in the opinion of the Tribunal, may facilitate the determination of the appeal or charge (rule 16(2)(d));
a section or Schedule cited by number alone means the section or Schedule so numbered in the Immigration and Asylum Act 1999;
all words and expressions defined in section 82 shall have the same meaning in these Rules.
Composition of the Tribunal
3
1
At the hearing of an appeal or charge, the Tribunal shall consist of a legally qualified member and two other members.
2
The Tribunal shall consist of a legally qualified member alone when considering or deciding, at a hearing or otherwise, whether —
a
to give a person permission to appeal out of time;
b
to make, cancel or vary a direction under paragraph 8 of Schedule 7 (suspending the effect of a relevant decision);
c
to make a direction under paragraph 9(3) of Schedule 5 (restricting or prohibiting the provision of immigration advice or immigration services while the Tribunal deals with a charge);
d
to make any other procedural direction; or
e
to give effect to a draft order settling proceedings by consent.
3
At a preliminary hearing, the Tribunal shall consist of a legally qualified member sitting alone if the hearing relates solely to procedural directions, and of a legally qualified member and two other members otherwise.
4
Subject to the preceding paragraphs of this rule and to rule 4, every function of the Tribunal may be exercised by such member of the Tribunal or of its staff as the President shall direct, either generally or in relation to a specified case or description of cases.
The Register
4
1
There shall be a Register of proceedings pending or concluded before the Tribunal.
2
That Register shall record: —
a
every appeal commenced and every charge laid before the Tribunal, together with the number allotted to it;
b
a brief statement of the way in which each appeal or charge was determined.
3
That Register shall be open to inspection by the public during normal office hours.
Notice of appeal
5
1
An appeal shall be commenced by sending to the Tribunal written notice of appeal, together with a copy of the decision against which the appeal is brought.
2
Every notice of appeal shall be signed and dated, and contain the following information: —
a
the name and address of the appellant;
b
the name and address of any person representing the appellant;
c
the nature and date of the decision against which the appeal is brought;
d
the grounds of the appeal; and
e
where the appeal is out of time, the reason for the delay.
Acknowledgment of appeal
6
As soon as practicable after receiving the notice of appeal, the Tribunal shall —
a
allot a number to the appeal and enter it in the Register mentioned in rule 4; and
b
send an acknowledgment to the appellant and a copy of the notice of appeal to the Commissioner.
Reply to notice of appeal
7
1
Within the period specified in paragraph (2) below, the Commissioner may send to the appellant and the Tribunal a notice in reply, containing the Commissioner’s reasons for opposing the appeal.
2
The notice in reply may be sent at any time within 28 days from —
a
where the appeal is out of time, the Tribunal’s decision to permit the appellant to appeal out of time;
b
otherwise, the sending to the Commissioner of the copy of the notice of appeal.
Time for appealing
8
The period within which an appeal against any relevant decision of the Commissioner as defined in section 87(3) can be brought is 28 days after the decision is notified to the person aggrieved; and where the decision is notified in writing, the decision shall be deemed to be notified as soon as written notice of it is sent.
Permission to appeal out of time
9
1
A person aggrieved by a decision of the Commissioner may appeal against it after the expiry of the period limited by rule 8 with the permission of the Tribunal.
2
An application for permission under this rule shall be made in the notice of appeal, and this notice shall be acknowledged, and a copy sent to the Commissioner, in accordance with rule 6; but no further steps in the appeal shall be taken until the application for permission has been granted.
3
The Commissioner may, within 14 days after the sending to him of a copy of a notice of appeal containing an application for permission under paragraph (2) above, send the Tribunal a written statement consenting or objecting to the grant of permission; and whether or not he sends such a statement the Tribunal shall decide on the application as soon as practicable after the expiry of those 14 days.
4
Where the Tribunal gives permission to appeal out of time, it may concurrently make an interim direction suspending the effect of the decision appealed against.
5
The Tribunal may decide on an application under this rule either —
a
without a hearing, by consideration of the written application for permission, together with the notice from the Commissioner under paragraph (3) if any, or
b
at a hearing at which the applicant and the Commissioner are given the opportunity to be heard.
Applications for suspension of effect of decision
10
1
An application for a direction under paragraph 8 of Schedule 7 (suspending the effect of a relevant decision) shall be made by sending to the Tribunal written notice of the application; and this written notice may —
a
be combined with the written notice of appeal against the decision to which the direction sought relates, or
b
be sent after the notice of appeal and refer to that notice
and in either case shall state the grounds of the application.
2
As soon as practicable after receiving a notice of application under paragraph (1), the Tribunal shall send an acknowledgement to the applicant and a copy of the notice of application to the Commissioner.
3
Before deciding any application under this rule, the Tribunal may if it sees fit invite representations in writing from the Commissioner or hold a hearing.
4
Where a direction is made other than at a hearing at which both parties were present or represented, the Tribunal shall as soon as practicable notify both parties in writing of the terms of the direction.
Cancellation or variation of direction for suspension
11
1
An application by the Commissioner for the cancellation or variation of a direction given under paragraph 8(2) of Schedule 7 shall be made by sending to the Tribunal written notice of the application, which shall state the grounds of the application.
2
As soon as practicable after receiving a notice of application under paragraph (1), the Tribunal shall send an acknowledgement to the Commissioner and a copy of the notice of application to the appellant.
3
Before deciding any application under this rule, the Tribunal shall either invite representations in writing from the appellant or hold a hearing at which both parties may be heard.
4
Where a decision on an application under this rule is made other than at a hearing at which both parties were present or represented, the Tribunal shall as soon as practicable notify both parties in writing of the decision.
Notice of charge
12
1
A charge shall be laid by sending a written notice of charge to the Tribunal.
2
Every notice of charge shall contain the following information: —
a
the name and address for service of the person charged;
b
the nature of the complaint giving rise to the charge;
c
the directions under section 89 which, in the Commissioner’s opinion, the Tribunal ought to make in relation to the person charged
and shall be accompanied by a copy of the written statement of the Commissioner’s decision on the complaint given under paragraph 8 of Schedule 5.
Acknowledgement of notice of charge
13
As soon as practicable after receiving the notice of charge, the Tribunal shall —
a
allot a number to the charge and enter it in the Register mentioned in rule 4; and
b
send an acknowledgment to the Commissioner and a copy of the notice to the person charged.
Reply to notice of charge
14
Within 28 days after the sending to him of his copy of the notice of charge, the person charged may send to the Tribunal and the Commissioner a notice in reply, containing his answer to the complaint giving rise to the charge and any representations about the directions sought by the Commissioner.
Interim directions restricting or prohibiting provision of immigration advice or immigration services
15
1
The Commissioner may apply for a direction under paragraph 9(3) of Schedule 5 (restricting or prohibiting the provision of immigration advice or immigration services while the Tribunal deals with a charge) by sending to the Tribunal written notice of the application; and this written notice may —
a
be combined with the written notice of charge to which the direction sought relates, or
b
be sent after the notice of charge and refer to that notice
and in either case shall state the grounds of the application.
2
As soon as practicable after receiving a notice of application under paragraph (1), the Tribunal shall send an acknowledgement to the Commissioner and a copy of the notice of application to the person charged.
3
Before deciding any application under this rule, the Tribunal shall either invite representations in writing from the person charged or hold a hearing at which all parties may be heard.
Procedural directions in general
16
1
Any procedural direction provided for by these Rules may be made by the Tribunal either of its own motion or on the application of either party to the proceedings.
2
In addition to every other power to make directions conferred by these Rules, the Tribunal may at any time make directions providing for —
a
the consolidation of the proceedings with any other proceedings before the Tribunal, whether involving the same or different parties;
b
two or more sets of proceedings to be heard together;
c
the extension of the time limited by these Rules for any step in the proceedings; or
d
any other arrangement which, in the opinion of the Tribunal, may facilitate the determination of the appeal or charge.
3
Before making any procedural directions, the Tribunal may invite representations in writing or hold a hearing.
Witnesses
17
1
Within 42 days after the Tribunal has sent an acknowledgement under rule 6(b) or 13(b), each party shall notify the Tribunal in writing of the names of all witnesses whom he proposes to call in the proceedings.
2
The Tribunal may invite any person to appear as a witness at the hearing of an appeal or charge.
3
At or before the time when it makes arrangements for the hearing, the Tribunal shall notify all parties to the proceedings of the names of all witnesses who are due to appear at the hearing.
Documents
18
1
Within 42 days after the Tribunal has sent an acknowledgement under rule 6(b) or 13(b), each party shall —
a
send to the Tribunal copies of all documents on which he proposes to rely in the proceedings; and
b
send to the Tribunal a list of all other documents in his possession or control which may be relevant to issues in the proceedings, stating which he is willing to produce and which he objects to producing, with the ground of any objection.
2
The Tribunal, upon receiving the information and documents referred to in paragraph (1) above from any party to the proceedings, shall send copies to all other parties.
3
The Tribunal may at any time direct a party to the proceedings to disclose a specified document or documents of a specified description to the other party or parties and to the Tribunal.
4
At or before the time when he makes arrangements for the hearing, the Tribunal shall send to each party to the proceedings copies of such of the following documents as are not already in that party’s possession: —
a
all documents furnished to the Tribunal by any party in response to procedural directions;
b
in the case of an appeal, the decision appealed against;
c
in the case of a charge, the Commissioner’s statement of his decision on the complaint underlying the charge; and
d
any other documents in the Tribunal’s possession which it considers relevant.
Arrangements for the hearing
19
1
The Tribunal shall make arrangements for the hearing of an appeal or charge as soon as it is satisfied that —
a
all outstanding procedural directions have been complied with and there is sufficient information to allow a fair determination of the issues; or
b
a party has failed to comply with any reasonable directions as to the conduct of the proceedings and it is expedient for the proceedings to be determined.
2
In selecting a date for the hearing, the Tribunal shall consult each party to the proceedings, except that if the circumstance set out in paragraph (1)(b) obtains, the hearing may be arranged so as to take place in the absence of the party in default.
3
The President may direct that there shall be one or more preliminary hearings, either on a question of law or for any other purpose.
The hearing
20
1
Every hearing of an appeal or charge shall be open to the public unless the Tribunal directs otherwise.
2
A hearing may be held in the absence of a party either —
a
in the circumstance set out in rule 19(1)(b), or
b
if the party has been notified of the date of the hearing but has failed, without reasonable excuse, to appear before the Tribunal.
3
At any time in the course of the hearing the Tribunal may make procedural directions, including a direction that the hearing be adjourned.
4
At the conclusion of a hearing, the members of the Tribunal shall retire to consider their determination.
5
Any member or representative of the Council on Tribunals shall be allowed to be present at the hearing, including any part of the hearing from which the public is excluded.
6
If the members considering an appeal or charge disagree, they shall decide by a majority.
Representation
21
At the hearing of an appeal or charge, the appellant or person charged may appear in person or be represented by —
a
a person with a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
an advocate or solicitor in Scotland;
c
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland; or
d
with the permission of the Tribunal, any other person.
Evidence
22
1
Oral evidence may be given either on oath or affirmation or unsworn, as the Tribunal may decide.
2
Subject to paragraph (3) below, the appellant in appeal proceedings, and the Commissioner in charge proceedings, shall have the burden of proving the facts on which he relies; and in either case proof shall be on a balance of probabilities and the strict rules of evidence shall not apply.
3
The burden of proving that any person has been guilty of criminal or fraudulent conduct shall be on the party so alleging, and proof shall be beyond reasonable doubt; but the fact that a person has been convicted of an offence shall be sufficient evidence that he committed it.
Withdrawal of proceedings
23
1
An appellant may withdraw his appeal, or the Commissioner may withdraw a charge, by sending written notice to that effect to the Tribunal at any time between the sending of the notice of appeal or charge and the date of the main hearing.
2
The Tribunal shall send a copy of a notice under paragraph (1) to every other party to the proceedings.
3
The parties to any proceedings may at any time apply to settle them by sending an agreed draft order to the Tribunal.
4
On receiving an agreed draft order, the Tribunal shall either —
a
make an order in the terms of that draft, or
b
state its reasons for not making an order in those terms;
and the Tribunal shall send the order, or as the case may be a letter recording its reasons for not making an order, to the parties.
Determination of the appeal or charge
24
1
The Tribunal may either announce its decision on any appeal or charge at the conclusion of the main hearing or reserve its decision.
2
In either case, as soon as possible after the decision the Tribunal shall draw up a formal order, stating: —
a
whether the appeal or charge is upheld or dismissed; and
b
any direction made by the Tribunal under section 88 or 89.
3
The order shall be sent to all parties to the proceedings and shall be accompanied by a statement of the reasons for the Tribunal’s decision, and both the order and the statement of reasons shall be signed by the member presiding at the hearing (or if he is unavailable, by another member who was present at the hearing).
Reopening of determination made in absence of party
25
1
Where a decision is made following a hearing in the absence of one of the parties, that party may apply to the Tribunal to set aside its decision and re-list the proceedings for hearing.
2
An application under paragraph (1) above shall not be granted unless the applicant satisfies the Tribunal that he had a reasonable excuse for failing to comply with the direction, or to attend the hearing, as the case may be.
Irregularities
26
1
Any irregularity resulting from failure to comply with any provision of these Rules before the Tribunal has reached its decision shall not of itself render the proceedings void.
2
In any such case the Tribunal shall, if it considers that any person may have been prejudiced, take such steps as it thinks fit to cure the irregularity before reaching its decision.
3
Clerical mistakes in any document recording a decision of the Tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by a legally qualified member.
Notices etc.
27
1
Any notice or other document required or authorised by these Rules to be sent or given to any person or authority may be delivered or sent by post to an address, or sent by fax to a fax number, specified by the person or authority to whom the notice or document is directed.
2
If any notice or other document is sent or given to a person appearing to the authority or person sending it to represent that party, it shall be deemed to have been sent or given to that party.
Time
28
Where the time limited by these Rules for doing any thing expires on a Saturday, Sunday, Christmas day, Good Friday or bank holiday, the time limit shall be deemed to have been complied with if that thing is done on the next succeeding working day.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
Dated 4th October 2000