37Matters that may be taken into account when exercising settlement powers

37 Matters that may be taken into account when exercising settlement powers

37 Matters that may be taken into account when exercising settlement powers

(1) When deciding whether to make orders to give effect to a settlement reached by parties to proceedings, the Tribunal is to take into account the interests of any vulnerable person (whether or not a party to the proceedings) if the Tribunal considers that—

(a) the person may be directly affected by the orders because the person is a party to, or the subject of, the proceedings concerned, and

(b) it is appropriate to do so in the circumstances.

(2) Nothing in this rule limits the matters to which the Tribunal may have regard when deciding whether to make orders to give effect to a settlement.

(3) In this rule—

vulnerable person means—

(a) a minor, or

(b) a person who is totally or partially incapable of representing himself or herself in proceedings before the Tribunal because the person is intellectually, physically, psychologically or sensorily disabled, of advanced age, a mentally incapacitated person or otherwise disabled.