80Constitution of TRAB for appeals &c.

80 Constitution of TRAB for appeals &c.

(1)  For the purposes of hearing an appeal, the TRAB is properly constituted by –

(a) one, 2 or 3 members for a minor appeal; and

(b) 3 or more members for a major appeal; and

(c) 3 members for an appeal under section 77 .

(2)  The chairperson is to choose the members who are to constitute the TRAB for an appeal, but –

(a) for a minor appeal, the member chosen or, if applicable, one of the members chosen must be the chairperson or a deputy chairperson; and

(b) for a major appeal or an appeal under section 77 , the chairperson or a deputy chairperson is to be chosen as such a member.

(3)  The chairperson is to preside at all hearings of the TRAB at which the chairperson is present.

(4)  If the chairperson is not present at a hearing of the TRAB, a deputy chairperson is to preside at the hearing.

(5)  The chairperson or other member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(6)  If the members constituting the TRAB for any hearing do not agree on a matter, the decision of the majority is the decision of the TRAB.

(7)  In choosing the members who are to constitute the TRAB for an appeal by a person, the chairperson must consider all available members and give due consideration to the nature of the issues likely to be involved in the appeal and attempt, as far as practicable, to ensure that there is not a risk of a member chosen being biased or having a conflict of interest, or being perceived to be biased or to have a conflict of interest, in relation to the appeal, by virtue of having been a member of the TRAB, or the former IAB, constituted in respect of a previous appeal to the TRAB, or the former IAB, by the person.

(8)  The Commissioner may make recommendations to the TRAB on any matter relating to the management by the TRAB of conflicts of interest in the performance and exercise of the TRAB’s functions and powers.

(9)  For the purposes of  –