sec.218Member of tribunal ceasing to be available

sec.218 Member of tribunal ceasing to be available

If the hearing of a proceeding has been commenced or completed by the Land Tribunal constituted by 3 members but, before the matter to which the proceeding relates has been determined, 1 of the members constituting the tribunal ceases to be a member, or ceases to be available for the purposes of the proceeding— if the parties agree and the chairperson does not give a direction under section 215 —the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining members or member; or in any other case—the proceeding is to be reheard by the tribunal as reconstituted under section 216 . If the member who ceases to be a member, or ceases to be available for the purposes of the proceeding, is the member who is, but for this subsection, to preside, the chairperson may, in writing, appoint 1 of the remaining members, or the remaining member, to preside. If a proceeding is reheard by the tribunal, the tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the tribunal as previously constituted, including any evidence taken in the proceeding. (sec.218-ssec.1) If the hearing of a proceeding has been commenced or completed by the Land Tribunal constituted by 3 members but, before the matter to which the proceeding relates has been determined, 1 of the members constituting the tribunal ceases to be a member, or ceases to be available for the purposes of the proceeding— if the parties agree and the chairperson does not give a direction under section 215 —the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining members or member; or in any other case—the proceeding is to be reheard by the tribunal as reconstituted under section 216 . (sec.218-ssec.2) If the member who ceases to be a member, or ceases to be available for the purposes of the proceeding, is the member who is, but for this subsection, to preside, the chairperson may, in writing, appoint 1 of the remaining members, or the remaining member, to preside. (sec.218-ssec.3) If a proceeding is reheard by the tribunal, the tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the tribunal as previously constituted, including any evidence taken in the proceeding.

• (a) if the parties agree and the chairperson does not give a direction under section 215 —the hearing and determination, or the determination, of the proceeding may be completed by the tribunal constituted by the remaining members or member; or
• (b) in any other case—the proceeding is to be reheard by the tribunal as reconstituted under section 216 .