Regulation 32

The direction under rule 30(1) establishing a Panel with respect to an appeal will specify the terms of reference of the Panel, in particular the matters or issues the Minister requires advice on, and the procedure to be adopted by the Panel in considering the appeal referred to it.

A Panel must start its proceedings no later than 28 days after the date of the direction under rule 30(1) establishing the Panel with respect to an appeal, and must submit a report of its advice to the Minister with respect to the appeal no later than 2 months after that date of the direction.

After a direction under rule 30(1) is made with respect to an appeal, the Appeals Secretary must forward to the Panel copies of every notice of appeal, defence, reply and rejoinder filed in respect of the appeal, together with all such documents accompanying these documents sent to the Minister, except that where the Minister has granted confidential treatment in relation to any document or part thereof under rule 25, only the non-confidential version thereof filed under rule 25(2) or (7)(a) shall be forwarded.

The Panel’s proceedings must be private.

The chairperson is responsible for the proper conduct of proceedings before the Panel.

The Panel may of its own initiative require any party to answer any question, or produce any document or other material in his possession or under his control, which relate to any issue or matter in question in the appeal proceedings.

The Panel must, so far as it appears to it to be appropriate, seek to avoid undue formality in its proceedings and must conduct its proceedings in such manner as it considers appropriate for the clarification of the issues before it and generally for the just, expeditious and economical conduct of the proceedings.

Unless the Minister otherwise directs, no expert or witness of fact shall be heard by the Panel unless the relevant expert report or witness statement has been submitted before the direction under rule 30(1) establishing the Panel and in accordance with any direction of the Minister.

The record of the proceedings before the Panel and its advice to the Minister in respect of any appeal shall be signed by the chairperson.