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.