Tribunal rule 39: Difference between revisions
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::(i) has been carried out; or | ::(i) has been carried out; or | ||
::(ii) is impractical or unnecessary.]<ref name="A514">[[Tribunal Procedure (Amendment) Rules 2014 | ::(ii) is impractical or unnecessary.]<ref name="A514">[[Tribunal Procedure (Amendment) Rules 2014]], 6/4/14</ref> | ||
'''Amendments''' | '''Amendments''' | ||
Latest revision as of 11:17, 16 November 2022
Hearings in a party’s absence
39.—(1) Subject to paragraph (2), if a party fails to attend a hearing the Tribunal may proceed with the hearing if the Tribunal—
- (a) is satisfied that the party has been notified of the hearing or that reasonable steps have been taken to notify the party of the hearing; and
- (b) considers that it is in the interests of justice to proceed with the hearing.
[(2) The Tribunal may not proceed with a hearing in the absence of the patient unless—
- (a) the requirements of rule 34 (medical examination of the patient) have been satisfied; and
- (b) the Tribunal is satisfied that—
- (i) the patient has decided not to attend the hearing; or
(ii) the patient is unable to attend the hearing for reasons of ill health.
(2) The Tribunal may not proceed with a hearing that the patient has failed to attend unless the Tribunal is satisfied that—
- (a) the patient—
- (i) has decided not to attend the hearing; or
- (ii) is unable to attend the hearing for reasons of ill health; and
- (b) an examination under rule 34 (medical examination of the patient)—
- (i) has been carried out; or
- (ii) is impractical or unnecessary.][1]
Amendments
Last checked: 16/11/22