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Amendment of Schedule 2 to Principal Act
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38. Schedule 2 to the Principal Act is amended—
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(a) by substituting for clauses (b) to (e) of paragraph 3(4) the following:
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“(b) a division of the Tribunal shall consist, as the chairperson of the Tribunal determines, of one member or of 3 members, chosen, in either case, by him or her;
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(c) where a division of the Tribunal consists of 3 members—
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(i) at least one of those members shall be the chairperson or a deputy chairperson of the Tribunal,
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(ii) the chairperson of such a division shall be the person who is the chairperson of the Tribunal or, if the chairperson of the Tribunal is not a member of the division, the member thereof who is a deputy chairperson of the Tribunal;
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(d) the chairperson of the Tribunal shall assign to a division of the Tribunal the appeals to be determined by it;
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(e) for the purposes of an appeal assigned to it, a division of the Tribunal shall have all the powers of the Tribunal and—
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(i) where a division of the Tribunal consists of one member, that division shall have all powers of the chairperson, and
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(ii) where a division of the Tribunal consists of 3 members, the chairperson of a division of the Tribunal shall have all the powers of the chairperson of the Tribunal,
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and references in this Act to the Tribunal and the chairperson of the Tribunal shall be construed as references to a division and, where a division of a Tribunal consists of 3 members, the chairperson of a division, respectively.”,
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(b) in paragraph 4—
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(i) by substituting for subparagraph (2) the following:
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“(2) The Tribunal may, where it considers it appropriate, determine an appeal on the basis of written documentation submitted to it without holding a hearing under paragraph 5 of this Schedule.”,
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and
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(ii) by inserting after subparagraph (3) the following:
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“(4) The Tribunal shall cause that judgement to be published by such means as it decides are appropriate (and the Internet may be the means of such publication).”,
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(c) by substituting for paragraph 5 the following:
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“5. (1) The Tribunal may hold hearings and at the hearings may take oral evidence and may receive submissions by and on behalf of all parties to the appeal concerned and any another person appearing to the Tribunal to have an interest in or be likely to be affected by the determination of the appeal.
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(2) Hearings of the Tribunal shall be in private.”,
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(d) by substituting for paragraph 7 the following:
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“7. A determination of the Tribunal, at or in relation to, an appeal (where it is the whole membership of the Tribunal or a division of the Tribunal that consists of 3 members that is dealing with the appeal) shall be that of a majority of its members.”,
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(e) in paragraph 11(1)(b), by inserting, after “representative”, the following:
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“including, where the Tribunal determines an appeal under paragraph 4(2) of this Schedule, the arrangements with respect to the submission of documents in writing”,
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and
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(f) in paragraph 13—
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(i) in subparagraph (2)(b), by substituting “or a person connected with such owner or occupier, or” for “or a person connected with such owner or occupier.”, and
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(ii) by inserting after clause (b) of subparagraph (2) the following:
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“(c) he or she derives or is entitled to derive an interest in, income, dividend, revenue, profit, share or any other pecuniary benefit from the use, rental, occupation, letting or disposal of part or all of the property.”.
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