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Gambling Appeals Tribunal Rules 2006 No. 3293
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| Summary: |
These Rules regulate the procedure for appeals to the Gambling Appeals Tribunal ("the Tribunal"), established under section 140 of the Gambling Act 2005.
Part 1 (rules 1 to 3) introduce the Rules and includes interpretation of terms used in the Rules.
Part 2 (rules 4 to 20) contains preliminary matters, which take place prior to the appeal hearing.
Part 3 (rules 21 to 29) applies when the appeal hearing has commenced.
Part 4 (rules 30 to 32) makes provision for appeals from the Tribunal to the High Court in England and Wales or in Scotland, the Court of Session.
Part 5 (rules 33 to 42) makes provision for general matters such as, the register kept by the Tribunal and the rules that apply to the sending of notices.
In particular, the Rules make the following provision.
Rule 4 provides for the bringing of an appeal by the appellant filing an appeal notice with the Tribunal.
Rule 5 provides that a statement of case must be filed by the Commission in support of its determination and rule 6 provides that the appellant must reply to that statement of case. Both rules set out what information the relevant documents should contain and also that they should be accompanied by a list and copies of certain information all of which must be filed with the Tribunal.
Rule 8(2) allows a party to request that a document that they are otherwise obliged to disclose is exempted from such disclosure on the grounds that it would not be in the public interest, that the document contains commercially sensitive information, that the document is privileged or that it is disproportionate to the case to order such disclosure.
The direction making powers of the Tribunal are contained in rules 10 to 13 and 15 and 16. Rule 10 provides that the Tribunal may make directions to ensure the just, expeditious and economical determination of the appeal. Rule 11 lists examples of particular directions that the Tribunal may give; rules 12, 13, 15 and 16 provide further information about the making of a particular direction listed in rule 11.
Rule 18 applies where the Tribunal directs that a hearing to determine a preliminary question of law or fact is to take place before the substantive hearing of the appeal takes place.
Rule 20 applies where the Tribunal directs that a pre hearing review of the case is to be held. The purpose of a pre hearing review is to assist the Tribunal in ensuring the fair and prompt hearing of the appeal by making any directions necessary to achieve that objective.
Rule 21 applies when the Tribunal determines an appeal without an oral hearing. When an appeal is determined in accordance with this rule the Tribunal must consider whether it is undesirable to publish of the whole or part of its final determination. The Tribunal will take into account the circumstances of the case, such as whether there are matters of commercial sensitivity or personal details relating to key personnel in an organisation or relating to a personal licence holder before deciding to publish the whole or part of its final determination.
Rule 22 provides an exemption to the general rule that all hearings must be held in public. The Tribunal will look at the particular circumstances of the case and will allow the hearing to take place without the attendance of the press and public when it considers that it is in the interests of justice to do so. Under this rule, the Tribunal can permit any other person to attend a private hearing when it thinks that it is necessary for the fair hearing of the appeal, for example, the attendance of an interpreter.
Rule 27 allows the Tribunal to consider whether it would be undesirable to publish the whole or part of its' final determination when the whole or part of the hearing was held in private.
Rule 28 allows the Tribunal to make a costs order against the appellant or the Commission in relation to the bringing of the appeal or their conduct.
Rules 30 and 31 apply when a person seeks permission from the Tribunal to bring an appeal against the final determination of the Tribunal to the High Court in England and Wales or the Court of Session in Scotland. The application for permission to bring an appeal in these circumstances must be decided without an oral hearing unless the Tribunal considers that a hearing is desirable.
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| Made Under: |
Gambling Act 2005 (C. 19) - sections 146 and 355(5) of, and paragraphs 9 and 14 of Schedule 8
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