Title and Commencement

1. These rules may be cited as the Betting Levy Appeal Tribunal (England and Wales) Rules 1963 and shall come into operation on 1st May 1963.

Interpretation

2.-(1) In these rules, unless the context otherwise requires:-

"the Act" means the Betting, Gaming and Lotteries Act 1963;

"appellant" means a person who has appealed to an appeal tribunal under section 28 of the Act;

"the Board" means the Horserace Betting Levy Board established under section 24 of the Act;

"the Committee" means the Bookmakers' Committee established under section 26 of the Act;

"tribunal" means an appeal tribunal established for England and Wales under section 29 of the Act and, in relation to an appeal, means the tribunal to which the appeal has been referred.

(2) A form referred to by number means the form so numbered in the Schedule to these rules.

(3) The Interpretation Act 1889 shall apply to the interpretation of these rules as it applies to the interpretation of an Act of Parliament.

Preliminary procedure

3. The Board shall refer an appeal to a tribunal by notice in writing substantially in accordance with Form 1.

4. On referring an appeal to a tribunal, the Board shall-

(a)furnish the tribunal with copies of the appellant's declaration (if any), the Board's notice of assessment and the appellant's notice of appeal, together with any opinion of the Committee as to the category into which the appellant falls; and

(b)furnish the appellant with copies of the notice of reference and of any opinion referred to in paragraph (a) of this rule, and inform him of the address of the tribunal.

5.-(1) Within twenty-one days of being notified under the last foregoing rule that his appeal has been referred to the tribunal, the appellant shall furnish the tribunal and the Board with a statement in writing setting out the grounds of his appeal.

(2) If the tribunal requires any facilities or further facilities for the investigation of the appellant's case, it shall give to the appellant notice in writing, substantially in accordance with Form 2, specifying such facilities or further facilities:

Provided that no such notice shall be given until the tribunal has received the appellant's statement of the grounds of his appeal or, if the appellant does not furnish such a statement, until the time limited by paragraph (1) of this rule has expired.

(3) The tribunal shall give to the appellant an opportunity of objecting to any notice under paragraph (2) of this rule on the grounds that the facilities or further facilities specified therein are unnecessary or unreasonable and may, after considering any such objection, modify or withdraw the notice.

Hearing

6.-(1) The tribunal shall fix the date, time and place of the hearing and shall give to the appellant and to the Board not less than twenty-eight days' notice thereof, together with copies of any reports it may have received as the result of its investigation of the appellant's case.

(2) The appellant may, if he so desires, submit to the tribunal for consideration at the hearing representations in writing relating to his appeal and in that case shall supply the Board with copies thereof not less than fourteen days before the hearing.

7.-(1) The hearing shall be in private:

Provided that the tribunal shall, if the appellant so requests in writing, hear the appeal in public.

(2) Nothing in this rule shall prevent a member of the Council on Tribunals from attending the hearing in his capacity as such.

8.-(1) The tribunal shall give the appellant and the Board an opportunity to address it, to give evidence, to call witnesses and to put questions to any witness called by the other party.

(2) If the appellant fails to attend at the time and place fixed for the hearing, the tribunal may (after considering any representations in writing submitted to it by the appellant) dispose of the appeal in his absence or adjourn the hearing to a later date.

9.-(1) The tribunal shall, if practicable, secure the attendance at the hearing of any person from whom it has received a report on the appellant's case and in that case shall give the appellant and the Board an opportunity of putting question to such person:

Provided that the attendance of such person may be dispensed with if the appellant and the Board agree.

(2) The tribunal may call any other person as a witness and in that case shall-

(a)at the same time as it gives notice of the hearing under Rule 6 (1) (or as soon as may be practicable thereafter and in any event not less than seven days before such person is to be called) notify the appellant and the Board of his name; and

(b)give the appellant and the Board an opportunity of putting questions to him at the hearing.

Decision of the tribunal

10.-(1) The decision of the tribunal may be taken by a majority thereof and shall be recorded in writing substantially in accordance with Form 3 and signed by the chairman and shall be communicated in writing to the appellant and the Board within seven days.

(2) The reasons for the tribunal's decision shall be recorded in writing and signed by the chairman and shall, if the appellant or the Board so requests within twenty-one days of receiving notice in writing of the decision, be supplied to the appellant and the Board.

Representation

11. The appellant and the Board may, for the purposes of the appeal and any proceedings connected with it, be represented by counsel or solicitor or by any other person.

Abandonment of appeal

12. The appellant may at any time abandon his appeal by notice in writing to the tribunal and in that case the tribunal shall inform the Board of the abandonment of the appeal and shall give the Board an opportunity of applying for a certificate under section 29 (7) of the Act.

Expenses

13. The tribunal shall not give a direction or certificate under section 29 (6) or (7) of the Act without having given the Board and the appellant an opportunity of being heard or of making representations in writing.

Service of documents

14. Any notice required by these rules shall be in writing and all notices and documents required or authorised by these rules to be sent or given to any person may be sent by the recorded delivery service or delivered-

(a)in the case of a document directed to the tribunal or the Board, to their respective offices, or

(b)in the case of a document directed to any other person, to his last known address,

and, if sent or given to the authorised representative of the appellant or the Board, shall be deemed to have been sent or given to him or it, as the case may be.

Time

15. The tribunal may, if it thinks fit, extend the time appointed by these rules for doing any act and may do so notwithstanding that the time appointed has already expired.

Miscellaneous

16. The tribunal may, if it thinks fit, postpone the day or time fixed for, or adjourn; the hearing of any appeal.

17. Any act, other than the consideration of an appeal or of an application for expenses, required or authorised by these rules to be done by the tribunal, may be done by, or on the direction of, the chairman.

18. Subject to the provisions of these rules, the tribunal may regulate its own procedure.

SCHEDULE

Rule 3

FORM 1NOTICE OF REFERENCE

Rule 5

FORM 2NOTICE REQUIRING FACILITIES FOR INVESTIGATION

Rule 10

FORM 3DECISION OF THE TRIBUNAL

EXPLANATORY NOTE

These rules prescribe the procedure to be followed in proceedings before the appeal tribunal established for England and Wales under the Betting, Gaming and Lotteries Act 1963.

Rule 3 provides for the reference of an appeal to the tribunal by the Horserace Betting Levy Board and Rule 4 prescribes the information to be supplied by the Board. Rule 6 requires the tribunal to give the parties twenty-eight days' notice of the hearing which, under Rule 7, is in private unless the appellant requests the tribunal to hear the appeal in public. Rules 8 and 9 prescribe the procedure to be followed at the hearing and Rule 10 requires the tribunal to Communicate its decision in writing to the parties and to give its reasons if so requested. Rule 11 provides for the parties to be represented by counsel or solicitor or by any other person.

Rule 13 requires the tribunal to give the Board and the appellant an opportunity of being heard or making written representations before directing the payment of any of the appellant's expenses by the Board or certifying that the appellant should make a payment towards the tribunal's expenses in connection with the appeal. Rules 14 to 16 govern the service of documents, extension of time, adjournments and other miscellaneous matters, Rule 17 authorises the chairman to act on behalf of the tribunal and Rule 18 permits the tribunal, subject to the rules, to regulate its own procedure.