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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Adjudications by Case Tribunals and Interim Case Tribunals (Wales) Regulations 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20012288e.html |
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| Made | 21st June 2001 | ||
| Coming into force | 28th July 2001 |
Acknowledgement, registration and notification
2.
Following a reference by a Local Commissioner in Wales under section 71(3) or 72(4) of the Act the registrar shall -
Reply
3.
- (1) An accused person must deliver to the registrar a written reply acknowledging receipt of the notice and stating -
(b) the name and address and the profession of any person who is to represent him or her and whether such address is to be his or her address for service for the purposes of the adjudication; and
(c) whether that person wishes the hearing to be conducted in English or Welsh.
(2) Such reply shall be signed either by the accused person or by his or her nominated representative and shall be delivered to the address for the tribunal specified in the notice given under paragraph 2(c) above not later than 21 days after the date on which the notice was received or by such later date as the tribunal may allow.
(3) If no reply is received by the registrar within the specified time or any extension of time allowed by the tribunal, or if the accused person states in his or her reply that he or she does not intend either to attend or be represented at the hearing or to dispute the contents of the report, the tribunal may determine the adjudication without a hearing.
Written representations
4.
An accused person who has delivered to the registrar a written reply stating that he or she does not intend to attend or be represented at the hearing or to dispute the contents of the report may send to the registrar written representations which shall be considered by the tribunal before a decision on the case is reached.
Directions in preparation for a hearing
5.
- (1) The tribunal may at any time, on the application of an accused person or of its own motion, give directions to enable that person to prepare for the hearing or to assist the tribunal to determine the issues.
(2) An application for directions shall be made in writing to the registrar.
Particulars
6.
The tribunal may give directions requiring any person to provide such particulars as may be reasonably required for the determination of the adjudication.
Disclosure of documents and other material
7.
The tribunal may give directions requiring any person to deliver to the tribunal any document or other material which the tribunal may require and which it is in the power of that person to deliver.
Summoning of witnesses
8.
The tribunal may by summons require any person in the United Kingdom (with the exception of a Local Commissioner in Wales and any member of the staff of the Commission for Local Administration in Wales) to attend as a witness at the hearing of an adjudication at such time and place as may be specified in the summons and at the hearing to answer any questions or produce any documents or other material in his or her custody or control which relate to any matter in question in the adjudication, provided that -
Attendance of investigating officers
9.
The tribunal may require an investigating officer to attend the hearing of an adjudication for the purpose of presenting the report and/or explaining any of the matters contained in it but not otherwise.
Experts
10.
- (1) Where the tribunal considers that any question arises on which it would be desirable to have the assistance of an expert, it may make arrangements for a person with appropriate qualifications to enquire into and report on the matter and, if the tribunal so requires, to attend the hearing and to give evidence.
(2) A copy of a report received from an expert shall be supplied to each accused person before the hearing or any resumed hearing.
(3) The fees of an expert shall be borne by the tribunal.
Varying or setting aside directions
11.
Where a person to whom a direction (including any summons) is addressed had no opportunity of objecting to the making of the direction, he or she may apply to the tribunal to vary it or set it aside but the tribunal shall not so do without first notifying the person who applied for the direction and considering any representations made by him or her.
Pre-hearing review
12.
- (1) Where it appears to the tribunal that an adjudication would be facilitated by the holding of a pre-hearing review, it may, of its own motion or on the application of an accused person, give directions for such a review to be held. The registrar shall give each accused person at least fourteen days notice of the time and place of the review.
(2) The review shall be held in private unless the tribunal directs otherwise and any accused person may appear and be represented by any other person.
(3) On a review: -
(4) The registrar shall exercise the powers given to him or her by sub-paragraph (3)(a) and (b) in accordance with the directions of the tribunal and any direction given by the registrar may be set aside or varied by the tribunal of its own motion or on the application of an accused person.
Notice of place and time of hearing
13.
- (1) The registrar shall fix the date, time and place of the hearing and, not less than twenty one days before that date, shall send to any accused person notice of the hearing.
(2) The registrar shall include in or with the notice of hearing: -
(3) The tribunal may postpone a hearing and the registrar shall give to any accused person not less than seven days notice of any such postponement.
(4) The tribunal may from time to time adjourn a hearing and, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Public notice of hearings
14.
The registrar shall make available for public inspection a list of all adjudications for which an oral hearing is to be held and of the date, time and place of the hearing.
Power to determine an adjudication without a hearing
15.
- (1) The tribunal may -
determine an adjudication, or any particular issue, without a hearing.
(2) The provisions of paragraphs 17(2) and 18(6) shall apply in respect of the determination of an adjudication, or any particular issue, in accordance with this paragraph.
Hearings to be public: exceptions
16.
- (1) All hearings by a tribunal shall be held in public except where the tribunal considers that publicity would prejudice the interests of justice.
(2) The following persons shall be entitled to attend a hearing whether or not it is in private -
(3) The tribunal may permit any other person to attend a hearing which is held in private.
(4) Without prejudice to any other powers which it may have, a tribunal may exclude from a hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the tribunal, to disrupt the hearing.
Failure of parties to attend hearing
17.
- (1) If an accused person fails to attend or be represented at a hearing of which he or she has been duly notified, the tribunal may -
and may make such order as to costs and expenses as it thinks fit.
(2) Before deciding to determine an adjudication in the absence of an accused person, the tribunal shall consider any representations in writing submitted by that person in response to the notice of hearing and, for the purpose of this paragraph, any reply shall be treated as a representation in writing.
Procedure at hearing
18.
- (1) At the beginning of the hearing the chairperson shall explain the order of proceeding which the tribunal proposes to adopt.
(2) Subject to this paragraph, the tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the adjudication; it shall so far as appears to it appropriate seek to avoid formality in its proceedings.
(3) The hearing may be conducted in either English or Welsh as the tribunal directs and in making such a direction the tribunal shall take account of and, so far as is reasonably practicable, give effect to any preference stated by an accused person in a reply delivered under paragraph 3. In either case an instantaneous translation service shall be provided for any person attending the hearing who requests it.
(4) Any accused person shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal both on the evidence and generally on the subject matter of the adjudication.
(5) Evidence before the tribunal may be given orally or, if the tribunal so orders, by affidavit or written statement, but the tribunal may at any stage of the proceedings require the personal attendance of any deponent or maker of a written statement.
(6) The tribunal may receive evidence of any fact which appears to the tribunal to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law but shall not refuse to admit any evidence which is admissible at law and is relevant.
(7) 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.
Decision of Tribunal
19.
- (1) A decision of a tribunal may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
(2) The decision of a tribunal may be given orally at the end of the hearing or reserved and, in any event, whether there has been a hearing or not, shall be recorded forthwith in a document which shall also contain a statement of the reasons for its decision and which shall be signed and dated by the chairperson.
(3) Subject to sub-paragraph (4), every document referred to in this paragraph shall, as soon as may be, be entered in the register.
(4) Where any such document refers to any evidence that has been heard in private, only a summary of the document shall be entered in the register, omitting such material as the tribunal may direct.
(5) Except where a decision is announced at the end of the hearing, the document recording it shall be treated as having been made on the date on which it is entered in the register.
Orders for costs and expenses
20.
- (1) Save as provided by paragraph 17(1) the tribunal shall not normally make an order awarding costs and expenses, but may, subject to sub- paragraph (2), make such an order against a person if it is of the opinion that that person has acted frivolously or vexatiously or that his or her conduct has been wholly unreasonable.
(2) No order shall be made under sub-paragraph (1) against a person without that person having been given an opportunity to make representations against the making of the order.
(3) An order under sub paragraph (1) may require the person against whom it is made to pay another person either a specified sum in respect of the costs and expenses incurred by that other person in connection with the adjudication or the whole or part of such costs as assessed (if not otherwise agreed).
(4) Any costs required by an order under this paragraph to be assessed shall be assessed in the county court on the standard basis.
(5) The specified or assessed amount of any costs and expenses awarded by a tribunal shall, unless set aside and subject to any variation on appeal or review, carry interest from the fourteenth day after the date of the award at the rate for the time being prescribed under section 69 of the County Courts Act 1984[4].
(6) The specified or assessed amount of any costs and expenses and any interest thereon shall be recoverable by execution issued from a county court.
Irregularities
21.
- (1) Any irregularity resulting from failure to comply with any of these provisions or of any direction of the tribunal before the tribunal has reached its decision shall not of itself render the adjudication void.
(2) Where any such irregularity comes to the attention of the tribunal, the tribunal may, and if it considers that any person may have been prejudiced by the irregularity shall, give such directions as it thinks just before reaching its decision to cure or waive the irregularity.
(3) Clerical mistakes in any document recording a direction or decision of the tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by the chairperson by certificate under his hand.
The register and publication of decisions
22.
- (1) The register shall be kept at the address of the Adjudication Panel for Wales and shall be open to the inspection of any person without charge at all reasonable hours.
(2) The tribunal may make arrangements for the publication of its decisions as it considers appropriate but, in doing so, shall have regard to the need to preserve the confidentiality of any evidence heard in private and for that purpose may make any necessary amendments to the text of a decision.
Proof of documents and certificate of decisions
23.
- (1) Any document purporting to be a document duly executed or issued by the registrar on behalf of the tribunal shall, unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.
(2) A document purporting to be certified by the registrar to be a true copy of any entry of a decision in the register shall, unless the contrary is proved, be sufficient evidence of the entry and of matters contained therein.
Method of sending, delivering or serving documents, etc
24.
- (1) Any document required or authorised by these provisions to be sent or delivered to, or served on, any person shall be duly sent, delivered or served on that person -
(2) Any document required or authorised to be sent or delivered to, or served on, an incorporated company or body shall be duly sent, delivered or served if sent or delivered to or served on the secretary of the company or body.
(3) The proper address of any person to or on whom any such document is to be sent, delivered or served shall, in the case of a secretary of any incorporated company or body, be that of the registered or principal office of the company or body and, in any other case, be the last known address of the person in question.
Time
25.
Where the time prescribed by these provisions for doing any act expires on a Sunday or public holiday, the act shall be in time if done on the next following day which is not a Sunday or public holiday.
