Full legislation
s.9
Exercise of the Tribunal’s jurisdiction
(1) Subject to the provisions of this section, the jurisdiction of the Tribunal shall be exercised by one or more of its members and in respect of any proceedings before a Tribunal consisting of more than one member, it shall be presided over by the senior sitting member, unless the President or failing him, a presiding officer, expressly designates another member to preside at the hearing. (Replaced 102 of 1995 s. 4 ) (1A) For the purpose of achieving consistency in the application of the law by the Tribunal, the President shall endeavour, wherever practicable, to exercise the jurisdiction of the Tribunal in any case which, in his opinion, is likely to involve any new or difficult point of law or which, having regard to the nature or amount of the claim or any other factor, is of special importance. (Added 49 of 1982 s. 9 ) (2) (Repealed 102 of 1995 s. 4 ) (3) (Repealed 49 of 1982 s. 9 ) (4) (a) A member may, subject to any directions given by the President under section 10(4) , appoint any person who has specialized knowledge or experience of a particular subject to sit and assist him in any proceedings or part of any proceedings before the Tribunal; but the decision of the member shall be the decision of the Tribunal. (b) Where the Tribunal receives advice from a person appointed under paragraph (a), the Tribunal shall advise the parties of the nature of that advice and allow them the opportunity, before the Tribunal’s determination of the proceedings, to comment on that advice. (Replaced 49 of 1982 s. 9 ) (5) Subject to subsection (6), any difference between the members exercising the jurisdiction of the Tribunal shall be decided by the majority of votes, and in the event of an equality of votes the member presiding at the hearing shall be entitled to a second or casting vote. (6) If, during any proceedings before the Tribunal— (a) a point of law arises which is disputed by any party to the proceedings; and (b) the Tribunal hearing those proceedings does not include a member qualified in law, (Replaced 80 of 1978 s. 2 ) the point of law may be determined by the President or a presiding officer, who may for such purpose take part in such proceedings in such manner as he thinks fit. (Amended 49 of 1982 s. 9 ) (7) (Repealed 49 of 1982 s. 9 ) (8) It shall be sufficient if any document made or issued by the Tribunal is signed by the presiding member or registrar. (Amended 21 of 1977 s. 4 ) (9) (Repealed 49 of 1982 s. 9 )