19.—(1) The Tribunal’s decision may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
(2) The decision may be made and announced at the end of the hearing or reserved, and in any event, the decision must be recorded without delay in a document signed and dated by the President or the nominated chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal).
(3) The document mentioned in paragraph (2) must also state the reasons for the decision.
(4) The Secretary must, as soon as reasonably possible, send to each party a copy of the document mentioned in paragraph (2) and a notice explaining any right of appeal which they may have against the Tribunal’s decision, and the right to apply for a review of the Tribunal’s decision.
(5) Except where a decision is announced at the end of the hearing, the decision shall be treated as having been made on the day on which a copy of the document mentioned in paragraph (2) is sent to the applicant.
(6) The decision shall be entered in the records.
20.—(1) A party may apply to the President for the Tribunal’s decision to be reviewed on the grounds that—
(a) it was wrongly made as a result of an error on the part of the Tribunal staff;
(b) a person, who was invited (or required) to attend and be heard at the hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or
(c) there was an obvious error in the decision.
(2) An application under this regulation must—
(a) be made not later than 10 working days after the day on which the decision was sent to the party applying for the Tribunal’s decision to be reviewed; and
(b) must be in writing stating the grounds in full.
(3) An application under this regulation may be refused by the President, or by the chairman of the Tribunal which decided the case, if in his opinion it has no reasonable prospect of success.
(4) Unless an application under this regulation is refused under paragraph (3), it shall be determined, after the parties have had an opportunity to be heard, by the Tribunal which decided the case or, where that is not practicable, by another Tribunal appointed by the President.
(5) The Tribunal may on its own initiative propose to review its decision on any of the grounds referred to in paragraph (1) above, in which case—
(a) the Secretary shall serve notice on the parties not later than ten working days after the date on which the decision was sent to them; and
(b) the parties shall have an opportunity to be heard.
(6) If, following an application, or on its own initiative, the Tribunal is satisfied as to any of the grounds referred to in paragraph (1)—
(a) it shall order that the decision be reviewed; and
(b) it may give directions to be complied with before or after the hearing of the review.
(7) The power to give directions under paragraph (6) includes a power to give a direction requiring a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.
21.—(1) The Tribunal may, having reviewed a decision—
(a) set aside the decision by certificate signed by the President or the nominated chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal); and
(b) substitute such other decision as it is lawfully entitled to do, or order a rehearing before the same or a differently constituted Tribunal.
(2) If any decision is set aside (whether as a result of a review or by order of the Court of Appeal), the Secretary shall alter the relevant entry in the records to conform to the President’s or chairman’s certificate or the Order of the Court of Appeal and shall notify the parties accordingly.
(3) Any decision of the Tribunal under this regulation may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
22.—(1) The President must make such arrangements as he considers appropriate for the publication of Tribunal decisions.
(2) Decisions may be published electronically.
(3) The decision may be published in an edited form, or subject to any deletions, if the nominated chairman considers it appropriate bearing in mind—
(a) the need to safeguard the welfare of any child or vulnerable adult;
(b) the need to protect the private life of any person;
(c) any representations on the matter which the applicant has provided in writing;
(d) the effect of any subsisting restricted reporting order; and
(e) the effect of any direction under regulation 16.
23.—(1) Any document may be sent to the Secretary by post, by fax, electronically or through a document exchange, unless the President or the nominated chairman directs otherwise.
(2) Any notice or document which these Regulations authorise or require the Secretary to send to an applicant shall be sent—
(a) by first-class post to the address given for the purpose by that party in accordance with these Regulations;
(b) by fax or electronically to a number or address given by that party for the purpose; or
(c) where the party has given for the purpose an address which includes a numbered box number at a document exchange, by leaving the notice or document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every working day to that exchange.
(3) If a notice or document cannot be sent to a party in accordance with paragraph (2), the President or the nominated chairman may dispense with service of it or direct that it be served on that party in such manner as he thinks appropriate.
(4) Any notice or document sent by the Secretary to an applicant in accordance with these Regulations shall be taken to have been received—
(a) if sent by post and not returned, on the second working day after it was posted;
(b) if sent by fax or electronically, unless the Secretary has been notified that the transmission has been unsuccessful, on the next working day after it was sent;
(c) if left at a document exchange in accordance with paragraph (2)(c), on the second working day after it was left; and
(d) if served in accordance with a direction under paragraph (3), on the next working day after it was so served.
24.—(1) Any irregularity resulting from failure to comply with any provision of these Regulations or any direction given in accordance with them before the Tribunal has reached its decision shall not of itself render the proceedings void.
(2) Where any irregularity comes to the attention of the President or the nominated chairman (before the hearing) or the Tribunal he or it may and, if it appears that any person may have been prejudiced by the irregularity shall, before reaching a decision, give such directions as he or it thinks just to cure or waive the irregularity.
(3) Clerical mistakes in any document recording the decision of the Tribunal or a direction or decision of the President or the nominated chairman, or errors arising in such documents from accidental slips or omissions, may at any time be corrected by the President or the nominated chairman by means of a certificate signed by him.
(4) The Secretary shall as soon as practicable where a document is corrected in accordance with paragraph (3) send the parties a copy of any corrected document together with reasons for the decision to correct the document.
25. If the applicant dies before the case or application for permission is determined, the President or the nominated chairman may—
(a) strike out the case or application for permission in so far as it relates to that individual without making a costs order; or
(b) appoint such person as he thinks fit to proceed with the case or application in place of the deceased applicant.
26. If the applicant at any time notifies the Secretary of State in writing, or states at a hearing, that he no longer wishes to pursue the proceedings, the President or the nominated chairman (or at the hearing, the Tribunal) must dismiss the proceedings.
27.—(1) A document purporting to be issued by the Secretary shall be taken to have been so issued, unless the contrary is proved.
(2) A document purporting to be certified by the Secretary to be a true copy of a document containing—
(a) a decision of the Tribunal; or
(b) an order of the President or the nominated chairman or of the Tribunal,
shall be sufficient evidence of the matters contained in it, unless the contrary is proved.
28.—(1) The President or the nominated chairman may extend any time limit mentioned in these Regulations if in the circumstances—
(a) it would be unreasonable to expect it to be, or to have been, complied with; and
(b) it would be unfair not to extend it.
(2) The President or the nominated chairman may reduce any time limit mentioned in these Regulations if he considers it reasonable to do so and the parties in the case agree to the reduction.
(3) Where the time prescribed by these Regulations, or specified in any direction given by the President or the nominated chairman, for taking any step expires on a day which is not a working day, the step must be treated as having been done in time if it is done on the next working day.
Signed by authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
9th June 2008