The Rules

Statutory instrument 2000 No.2665, made under Section 69 of RIPA, sets out the rules of the Tribunal. These relate to:

  • How the Tribunal should proceed in its investigations and determinations;
  • How it should receive evidence;
  • In what circumstances it may disclose material provided to it;
  • How it should determine proceedings, including oral hearings;
  • How it should notify a complainant of the outcome.

There are 13 Rules in all. The following is a brief summary of the most relevant Rules:

Rules 4 and 5 spell out the jurisdiction of the Tribunal Members to hear complaints. Rule 4 deals with the powers that may be exercised by two or more Members; Rule 5 deals with the powers that may be exercised by one member.

Rule 6, which deals with the restrictions on the disclosure of information, has already been described in detail in Chapter 2 of this Report.

Rules 7 and 8 govern the requirements of a complaint, staying what a complaint form must contain, and that it must be signed by the complainant. The Tribunal may require a complainant to “supply further information, or make written representations on any matter.” (For the convenience of complainants, their complaints may now be submitted on-line, and the Tribunal is now prepared to accept electronic signatures.)

Rule 9 governs the Tribunal’s powers to receive written representations, or hold oral hearings.

Rule 10 relates to the ability of the parties to be represented before the Tribunal.

Rule 11 provides that “the Tribunal may receive evidence in any form, and may receive evidence that would not be admissible in a court of law”.

Rule 12 deals with the Tribunal’s ability to grant remedies, including compensation, to an injured party.

Rule 13 deals with the manner in which the Tribunal may notify complainants of its determinations.

Last updated: 5 Jul 16