(1) If an application
is made to the Board for review of a reviewable decision, the Board may direct
that a conference of the parties to the proceeding be held, presided over by a
member of the Board.
(2) If —
(a) a
conference is held; and
(b) at
or after the conference, agreement is reached between the parties as to the
terms of a decision of the Board in the proceeding that would be acceptable to
the parties; and
(c) the
terms of the agreement are written down, signed by the parties and given to
the Board; and
(d) the
Board is satisfied that —
(i)
a decision in those terms would be within the powers of
the Board; and
(ii)
that it would be appropriate to make a decision in those
terms,
the Board may, without
holding a hearing, make a decision in accordance with those terms.
(3) At the hearing of
a proceeding before the Board, unless the parties otherwise agree, evidence
must not be given, and statements must not be made, about anything that
happened at a conference held under subregulation (1) in relation to the
proceeding.
(4) If, in relation to
the hearing of a proceeding before the Board —
(a) a
party to the proceeding who was present at a conference objects to the member
of the Board who presided over the conference participating in the proceeding;
and
(b) that
party notifies the Board of that objection before or at the start of the
hearing,
the member is not
entitled to be a member of the Board constituted for the purposes of the
proceeding.
[Regulation 46 inserted: Gazette
16 Aug 2005 p. 3849‑50.]